No. 67
JOURNAL OF THE SENATE
Senate Chamber, Lansing, Thursday, October 5, 2000.
10:00 a.m.
The Senate was called to order by the President, Lieutenant Governor Dick Posthumus.
The roll was called by the Secretary of the Senate, who announced that a quorum was present.
| Bennett--excused | Hammerstrom--present | Rogers--present |
| Bullard--present | Hart--present | Schuette--present |
| Byrum--present | Hoffman--present | Schwarz--present |
| Cherry--present | Jaye--present | Shugars--present |
| DeBeaussaert--present | Johnson--present | Sikkema--present |
| DeGrow--present | Koivisto--present | A. Smith--present |
| Dingell--present | Leland--present | V. Smith--present |
| Dunaskiss--present | McCotter--present | Steil--present |
| Emerson--present | McManus--present | Stille--present |
| Emmons--present | Miller--present | Van Regenmorter--present |
| Gast--present | Murphy--present | Vaughn--excused |
| Goschka--present | North--present | Young--present |
| Gougeon--present | Peters--present |
Senator Mat J. Dunaskiss of the 16th District offered the following invocation:
Dear Father, as we conclude our legislative agenda and movement in time when our citizens have the opportunity to select their government leaders, we ask You to guide all of us in our decision-making for our government leaders and all aspects of our lives. In Your name we pray. Amen.
Senators Sikkema and Emmons entered the Senate Chamber.
Motions and Communications
The following communications were received:
Department of State
Administrative Rules
Notices of Filing
September 20, 2000
In accordance with the provisions of Section 46(1) of Act 306, Public Acts of 1969, as amended and Executive Order 1995-6, this is to advise you that the Office of Regulatory Reform, Legal Division filed at 11:15 a.m. this date, administrative rule (00-09-02) for the Department of Consumer and Industry Services, Division of Child Welfare Licensing, entitled "Foster Family Homes and Foster Family Group Homes," effective January 1, 2001.
September 20, 2000
In accordance with the provisions of Section 46(1) of Act 306, Public Acts of 1969, as amended and Executive Order 1995-6, this is to advise you that the Office of Regulatory Reform, Legal Division filed at 11:20 a.m. this date, administrative rule (00-09-03) for the Department of Consumer and Industry Services, Division of Child Welfare Licensing, entitled "Child Placing Agencies," effective January 1, 2001.
September 20, 2000
In accordance with the provisions of Section 46(1) of Act 306, Public Acts of 1969, as amended and Executive Order 1995-6, this is to advise you that the Office of Regulatory Reform, Legal Division filed at 11:25 a.m. this date, administrative rule (00-09-04) for the Department of Consumer and Industry Services, Division of Child Welfare Licensing, entitled "Children's and Adult Foster Care Camps," effective January 1, 2001.
September 20, 2000
In accordance with the provisions of Section 46(1) of Act 306, Public Acts of 1969, as amended and Executive Order 1995-6, this is to advise you that the Office of Regulatory Reform, Legal Division filed at 11:30 a.m. this date, administrative rule (00-09-05) for the Department of Consumer and Industry Services, Bureau of Workers' Disability Compensation, entitled "Bureau of Worker's Disability Compensation," effective 30 days after filing with the Secretary of State.
September 20, 2000
In accordance with the provisions of Section 46(1) of Act 306, Public Acts of 1969, as amended and Executive Order 1995-6, this is to advise you that the Office of Regulatory Reform, Legal Division filed at 11:33 a.m. this date, administrative rule (00-09-06) for the Department of Consumer and Industry Services, Director's Office, entitled "Personal Protective Equipment," effective 7 days after filing with the Secretary of State.
September 20, 2000
In accordance with the provisions of Section 46(1) of Act 306, Public Acts of 1969, as amended and Executive Order 1995-6, this is to advise you that the Office of Regulatory Reform, Legal Division filed at 11:35 a.m. this date, administrative rule (00-09-07) for the Department of Consumer and Industry Services, Director's Office, entitled "Noise Exposure for Construction," effective 15 days after filing with the Secretary of State.
September 20, 2000
In accordance with the provisions of Section 46(1) of Act 306, Public Acts of 1969, as amended and Executive Order 1995-6, this is to advise you that the Office of Regulatory Reform, Legal Division filed at 11:38 a.m. this date, administrative rule (00-09-08) for the Department of Consumer and Industry Services, Director's Office, entitled "Powered Industrial Trucks," effective 7 days after filing with the Secretary of State.
Sincerely,
Candice S. Miller
Secretary of State
Elena L. Beasley, Manager
Office of the Great Seal
The communications were referred to the Secretary for record.
The Secretary announced that the following House bills were received in the Senate and filed on Wednesday, October 4:
House Bill Nos. 5541 5635 5639 5843 5917 5998 6013 6052
The Secretary announced the printing and placement in the members' files on Wednesday, October 4, of:
Senate Bill Nos. 1411 1412 1413 1414 1415
House Bill Nos. 6053 6054 6055 6056 6057 6058 6059 6060 6061 6062 6065 6066 6067 6068 6069
Senator Rogers moved that Senator Jaye be temporarily excused from today's session.
The motion prevailed.
Senator Rogers moved that Senator Bennett be excused from today's session.
The motion prevailed.
Senator Bennett is absent due to medical reasons.
Senator V. Smith moved that Senator Emerson be temporarily excused from today's session.
The motion prevailed.
Senator V. Smith moved that Senator Vaughn be excused from today's session.
The motion prevailed.
Senators Murphy, Jaye and Hoffman entered the Senate Chamber.
Senator Rogers moved that rule 3.902 be suspended to allow the guests of Senator Hammerstrom admittance to the Senate floor.
The motion prevailed, a majority of the members serving voting therefor.
Senator Rogers moved that rule 3.901 be suspended to allow photographs to be taken from the Senate floor, including the center aisle.
The motion prevailed, a majority of the members serving voting therefor.
Recess
Senator Rogers moved that the Senate recess subject to the call of the President.
The motion prevailed, the time being 10:06 a.m.
10:14 a.m.
The Senate was called to order by the President, Lieutenant Governor Posthumus.
During the recess, Senator Hammerstrom introduced to the Senate Mr. Shane Heams, member of the USA Gold Medal Olympic baseball team.
Senator Hammerstrom and Representative DeRossett presented him with a special tribute.
Mr. Heams responded briefly.
Senator Emerson entered the Senate Chamber.
Recess
Senator Rogers moved that the Senate recess subject to the call of the President.
The motion prevailed, the time being 10:15 a.m.
10:51 a.m.
The Senate was called to order by the President, Lieutenant Governor Posthumus.
Senator Rogers moved to reconsider the vote by which consideration of the motion on the following bill was postponed until Thursday, November 9:
House Bill No. 4532, entitled
A bill to amend 1931 PA 328, entitled "The Michigan penal code," by amending section 231a (MCL 750.231a).
(The motion was made to suspend rules to place the bill on Third Reading of Bills on September 20 and consideration postponed. See Senate Journal No. 60, p. 1606.)
The motion prevailed.
The question being on the motion that further consideration of the motion be postponed until Thursday, November 9,
Senator DeGrow withdrew the motion.
The question being on the motion to suspend the rules to place the bill on its immediate passage,
The motion prevailed, a majority of the members serving voting therefor.
By unanimous consent the Senate proceeded to the order of
Third Reading of Bills
By unanimous consent the Senate proceeded to consideration of the following bill:
House Bill No. 4532, entitled
A bill to amend 1931 PA 328, entitled "The Michigan penal code," by amending section 231a (MCL 750.231a).
The above bill was read a third time.
The question being on the adoption of the following committee substitute:
Substitute (S-1).
Senator Dingell offered the following amendment to the substitute:
1. Amend page 4, line 1, by striking out all of enacting section 2.
The question being on the adoption of the amendment,
Senator Rogers moved that further consideration of the amendment be postponed temporarily.
The motion prevailed.
Recess
Senator Rogers moved that the Senate recess subject to the call of the President.
On which motion Senator V. Smith requested the yeas and nays.
The yeas and nays were ordered, 1/5 of the members present voting therefor.
The motion prevailed, a majority of the members voting therefor, as follows, the time being 11:00 a.m.:
Roll Call No. 643 Yeas--22
| Bullard | Gougeon | McManus | Shugars |
| DeGrow | Hammerstrom | North | Sikkema |
| Dunaskiss | Hoffman | Rogers | Steil |
| Emmons | Jaye | Schuette | Stille |
| Gast | Johnson | Schwarz | Van Regenmorter |
Goschka McCotter
Nays--14
| Byrum | Emerson | Miller | Smith, A. |
| Cherry | Hart | Murphy | Smith, V. |
| DeBeaussaert | Koivisto | Peters | Young |
Dingell Leland
Excused--2
Bennett Vaughn
Not Voting--0
In The Chair: President
11:02 a.m.
The Senate was called to order by the President, Lieutenant Governor Posthumus.
Protest
Senator Cherry, under his constitutional right of protest (Art. 4, Sec. 18), protested against the motion that the Senate recess subject to the call of the President.
Senator Cherry's statement is as follows:
I voted "no" on the motion to stand in recess because, ultimately, I think the purpose of the recess was to draft the subsequent amendment that would deprive the Senator from the 7th District of the opportunity to have his amendment before us and to debate it. It seems to me that when we're all agreed that you need to remove a tie-bar amendment to make this bill palatable and acceptable to everybody, why do we go to all these gymnastics to accomplish that when a member has a clear, simple amendment before the body? We could have disposed of this issue very quickly, and instead, we're now engaged in this very procedural maze just to deprive a member of authorship of an amendment. That's why I voted "no" on the motion to temporarily recess because I don't think we need to postpone our business of the day just so someone can lose an amendment and someone else can gain an amendment.
By unanimous consent the Senate returned to consideration of the amendment offered by Senator Dingell.
The question being on the adoption of the amendment,
Senator Rogers moved that further consideration of the amendment be postponed temporarily.
On which motion Senator V. Smith requested the yeas and nays.
The yeas and nays were ordered, 1/5 of the members present voting therefor.
The motion prevailed, a majority of the members voting therefor, as follows:
Roll Call No. 644 Yeas--22
| Bullard | Gougeon | McManus | Shugars |
| DeGrow | Hammerstrom | North | Sikkema |
| Dunaskiss | Hoffman | Rogers | Steil |
| Emmons | Jaye | Schuette | Stille |
| Gast | Johnson | Schwarz | Van Regenmorter |
Goschka McCotter
Nays--14
| Byrum | Emerson | Miller | Smith, A. |
| Cherry | Hart | Murphy | Smith, V. |
| DeBeaussaert | Koivisto | Peters | Young |
Dingell Leland
Excused--2
Bennett Vaughn
Not Voting--0
In The Chair: President
Protest
Senator Peters, under his constitutional right of protest (Art. 4, Sec. 18), protested against the motion to postpone consideration of the amendment offered by Senator Dingell to the substitute to House Bill No. 4532.
Senator Peters' statement is as follows:
You know, I've heard over and over again that sometimes if we put people before politics, great things can happen. I'm just really disappointed our Majority Floor Leader doesn't practice what he preaches.
Recess
Senator Rogers moved that the Senate recess subject to the call of the President.
The motion prevailed, the time being 11:07 a.m.
11:29 a.m.
The Senate was called to order by the President, Lieutenant Governor Posthumus.
By unanimous consent the Senate returned to consideration of the amendment offered by Senator Dingell.
The question being on the adoption of the amendment,
Senator Dingell withdrew the amendment.
Senator V. Smith offered the following amendment to the substitute:
1. Amend page 4, line 1, by striking out all of enacting section 2.
The amendment to the substitute was adopted.
The substitute, as amended, was adopted, a majority of the members serving voting therefor.
The question being on the passage of the bill,
The bill was passed, a majority of the members serving voting therefor, as follows:
Roll Call No. 645 Yeas--36
| Bullard | Gast | Leland | Schwarz |
| Byrum | Goschka | McCotter | Shugars |
| Cherry | Gougeon | McManus | Sikkema |
| DeBeaussaert | Hammerstrom | Miller | Smith, A. |
| DeGrow | Hart | Murphy | Smith, V. |
| Dingell | Hoffman | North | Steil |
| Dunaskiss | Jaye | Peters | Stille |
| Emerson | Johnson | Rogers | Van Regenmorter |
| Emmons | Koivisto | Schuette | Young |
Nays--0
Excused--2
Bennett Vaughn
Not Voting--0
In The Chair: President
Senator Rogers moved that the bill be given immediate effect.
The motion prevailed, 2/3 of the members serving voting therefor.
Pursuant to Joint Rule 20, the full title of the act shall be inserted to read as follows:
"An act to revise, consolidate, codify and add to the statutes relating to crimes; to define crimes and prescribe the penalties therefor; to provide for restitution under certain circumstances; to provide for the competency of evidence at the trial of persons accused of crime; to provide immunity from prosecution for certain witnesses appearing at such trials; and to repeal certain acts and parts of acts inconsistent with or contravening any of the provisions of this act,".
The Senate agreed to the full title.
By unanimous consent the Senate returned to consideration of the following bill:
House Bill No. 5681, entitled
A bill to amend 1905 PA 282, entitled "An act to provide for the assessment of the property, by whomsoever owned, operated or conducted, of railroad companies, union station and depot companies, telegraph companies, telephone companies, sleeping car companies, express companies, car loaning companies, stock car companies, refrigerator car companies, and fast freight companies, and all other companies owning, leasing, running or operating any freight, stock, refrigerator, or any other cars, not being exclusively the property of any railroad company paying taxes upon its rolling stock under the provisions of this act, over or upon the line or lines of any railroad or railroads in this state, and for the levy of taxes thereon by a state board of assessors, and for the collection of such taxes, and to repeal all acts or parts of acts contravening any of the provisions of this act," (MCL 207.1 to 207.21) by adding section 13a.
The above bill was read a third time.
The question being on the passage of the bill,
Senator Emmons offered the following substitute:
Substitute (S-1).
The substitute was adopted, a majority of the members serving voting therefor.
The question being on the passage of the bill,
The bill was passed, a majority of the members serving voting therefor, as follows:
Roll Call No. 646 Yeas--35
| Bullard | Gast | McCotter | Shugars |
| Byrum | Goschka | McManus | Sikkema |
| Cherry | Gougeon | Miller | Smith, A. |
| DeBeaussaert | Hammerstrom | Murphy | Smith, V. |
| DeGrow | Hart | North | Steil |
| Dingell | Hoffman | Peters | Stille |
| Dunaskiss | Johnson | Rogers | Van Regenmorter |
| Emerson | Koivisto | Schuette | Young |
| Emmons | Leland | Schwarz |
Nays--1
Jaye
Excused--2
Bennett Vaughn
Not Voting--0
In The Chair: President
The question being on concurring in the committee recommendation to give the bill immediate effect,
The recommendation was concurred in, 2/3 of the members serving voting therefor.
The Senate agreed to the title of the bill.
The President pro tempore, Senator Schwarz, assumed the Chair.
The following bill was read a third time:
Senate Bill No. 1410, entitled
A bill to amend the Initiated Law of 1996, entitled "Michigan gaming control and revenue act," by amending section 7b (MCL 432.207b), as added by 1997 PA 69.
The question being on the passage of the bill,
Senator Peters offered the following amendment:
1. Amend page 4, following line 17, by inserting:
"Enacting section 1. This amendatory act does not take effect unless all of the following bills of the 90th Legislature are enacted into law:
(a) Senate Bill No. 89.
(b) Senate Bill No. 90.".
The question being on the adoption of the amendment,
Senator V. Smith requested the yeas and nays.
The yeas and nays were ordered, 1/5 of the members present voting therefor.
The amendment was not adopted, a majority of the members serving not voting therefor.
Roll Call No. 647 Yeas--17
| Byrum | Hart | Leland | Schwarz |
| Cherry | Hoffman | Miller | Smith, A. |
| DeBeaussaert | Jaye | Murphy | Smith, V. |
| Dingell | Koivisto | Peters | Young |
Emerson
Nays--18
| DeGrow | Gougeon | North | Sikkema |
| Dunaskiss | Hammerstrom | Rogers | Steil |
| Emmons | Johnson | Schuette | Stille |
| Gast | McCotter | Shugars | Van Regenmorter |
Goschka McManus
Excused--2
Bennett Vaughn
Not Voting--1
Bullard
In The Chair: Schwarz
Senators Schuette and Peters asked and were granted unanimous consent to make statements and moved that the statements be printed in the Journal.
The motion prevailed.
Senator Schuette's first statement is as follows:
My colleagues in the Senate, as we discussed yesterday, today we have an opportunity in this Senate to vote on campaign finance reform. McCain-Feingold is the effort of two outstanding Senators to try to clean up problems in how campaigns are financed and open some light of day. Indeed, here in Michigan we have the same opportunity--the Michigan version of McCain-Feingold--where what we're attempting to do today is to fix a hole where the cash comes in. That's what we're intending to do.
Now, as all of you know, and for a little background, in 1997, anticipating a tidal wave and a flood of money with the onset of casinos coming to the state of Michigan, in a bipartisan effort we put into place some measures to stop casino money and employees, spouses, relatives, or what have you from coming into the political process in Michigan. The Michigan campaign finance act speaks to five different types of committees where contributions may flow: a political party committee; secondly, an independent committee; and thirdly, a candidate committee.
Of those three committees out of the five, we did say "no" and put a flat prohibition on contributions to candidate committees, political party committees, and independent committees. But in the intensity of that time two and a half years ago, as some may remember, what was not included was a ban on contributions to political committees which are a mini-version of the independent committee. Independent committees can contribute ten times the amount that a political committee may give to any given candidate. If you do the math, by omitting the prohibition on political committee contributions funded by casino money, someone could simply create ten different political committees. The result is the same amount of cash where we did stop independent committees from receiving casino contributions.
So in the spirit of that bipartisan effort some time ago, we should now fix the hole where the cash comes in. That's the effort of Senate Bill No. 1410.
I think it's important that we reflect upon the spirit of bipartisanship then as we contemplate our actions here today. I think what people want today in this country and in Michigan is some civility, some bipartisanship, and a cooperative approach. That's what we did then.
You know, the people's attorney general for the state of Michigan, Frank Kelley, was just a pillar of strength in so many areas. In his comments in an attorney general letter, he stated, "The state of Michigan has a compelling interest in preventing corruption and the appearance of corruption" in casino-related activities--relating to the political process. The political contribution limitation contained in the act is of compelling state interest. Then what Attorney General Kelley went on to continue doing is quoting a decision in the Soto case decided by the New Jersey Supreme Court, which was then appealed to the United States Supreme Court, and the highest court in the land refused to change the decision made by the court of New Jersey. I say this because it's good law. The court there noted, and I quote, "The Legislature [in New Jersey] recognized the concentration of wealth that exists with casinos and the disproportionate weight of that wealth, and how the casinos as a group or individually can bring that to the political process." Well, the wisdom of our former attorney general and the bipartisan spirit of the Legislature of 1997 now brings us to the year 2000 where we're hoping to fix a hole where the cash comes in.
Senate Bill No. 1410 does just that. It stops and fixes this hole on political contributions from political committees as defined in the Michigan campaign finance act. It also does prohibit casinos from contributing money to other ballot initiatives, except leaving it open if, indeed, there was a question whether we put up for referendum to reverse the existence of casinos in the state. They would still be able to make contributions in that very narrow, specific fashion.
So the vote today here is very direct and straightforward. If you believe in campaign finance reform and the spirit of bipartisanship where this House and Senate acted in 1997, you vote "yes" to close this gaping hole that exists in campaign finance here in the state of Michigan. Or you can say "no" and just keep it coming. If you believe in the principles of McCain-Feingold and this Michigan version of what is attempting to work on the federal side, you should vote "yes" for this campaign finance reform measure. Or you can vote "no," keep the spigot turned on, and keep it flowing like water and wine. So that's the decision today on Senate Bill No. 1410. I urge passage of this bill in the spirit of bipartisanship and civility in working to be consistent about what the Legislature acted upon two years ago.
Senator Schuette's second statement is as follows:
I do wish to speak on the Peters' amendment. I appreciate the sincerity by my colleague from the Pontiac-Oakland County area, and I know he is genuine in his desire to try to do something about the spiraling cost of campaigns and to make sure we shed some light and open the process. I think that is very important. He mentioned two bills, Senate Bill No. 89 and Senate Bill No. 90, and I believe he also has two additional bills that go to this issue of campaign finance reform.
I, too, have a wish list of other things that I would suggest we do in the state of Michigan. I wish we would pass Senate Bill No. 32, and the heart of that is that members of the union should be given the opportunity to say "yes" or "no" whether they want to make a contribution from their dues. It's like realtors or homebuilders or other association folks have a choice whether or not they want to get involved in the political process. That's a big measure of sunshine that I support.
I would like us to pass Senate Bill No. 26 that opens up financial disclosure of those seeking or holding office as they do on the federal level. That's one of my bills. I would hope that we could ban soft money whether it be from corporations or for labor unions on how they use, on each side, some of that cash for media or other efforts. That would be an important campaign finance item. So I, as the Senator from Oakland County, share some concerns on campaign finance reform. I will pledge that I will be delighted and pleased to work with him to see whether he and I can reach common ground on some type of bipartisan campaign finance bill that the two of us can sign our names on and attempt to get other sponsors for debate within this body. That, I pledge to the Senator, but for today, we should not delay. We should make a statement that we need to have a campaign finance reform now and close this loophole and fix the hole where the cash comes in.
We should not delay on the tie-bar that was suggested by the Senator. But to take this bill up or down, you're for campaign finance reform or you are not. Those other two items have not had hearings, and they have not had a full bedding of the process. We should vote on Senate Bill No. 1410 as introduced, turn down this amendment, and step forward on campaign finance reform.
Senator Peters' first statement is as follows:
So, hopefully, that is his way of saying that he supports the concept of what I'm trying to accomplish with this amendment. First off, I want to also congratulate him on his comments of bringing civility and bipartisanship to the chamber, and hopefully, we can see this as we're debating this amendment before us. We certainly didn't see civility and bipartisanship just a few moments ago when an awful lot of effort was engaged in pure partisanship--partisan advantage--and not with the best interest of the people in mind. Hopefully, we can change that now in this debate and really effectively talk about some changes in campaign finance.
The previous speaker also talked about this bill as being consistent with the principles of McCain-Feingold. Well, that is not true. Mr. President, you know as a person who believes very passionately about campaign finance reform that this bill is not McCain-Feingold. It is far from the bill. It is a very, very narrow bill that really doesn't address the issue of campaign finance reform in this state. If we are serious about addressing campaign finance reform in this state, we will support my amendment that is before us today. To me, that is a vote of support if you support this amendment, not just this narrow bill.
I will say right now that I support the bill. I will be voting for this bill but hope that this body will take a more broad view of campaign finance reform and support the amendment which tie-bars this bill to two pieces of campaign finance legislation: Senate Bill Nos. 89 and 90. Those bills open up the campaign finance act, and we could argue here today that those bills aren't perfect. And I will tell you I agree those bills aren't perfect. Those bills need work. They simply deal with some caps--putting caps on individual contributions and also on the large spigot.
The previous speaker talked about the large spigot of money going into campaigns. It closes a loophole that literally tens of millions of dollars go into campaigns of political parties that then get directed to campaigns. This is a serious attempt to deal with the loophole that involves tens of millions of dollars, not a few thousands dollars. These bills, because they open the campaign finance act, would allow us as a body to get together and truly make some reform in this state. I certainly hope, Mr. President, that you would support these bills, knowing that these bills aren't the answer by themselves. They still need an awful lot of work, but if we're serious about it, we need to get into the campaign finance reform act and amend it in many ways. And caps may not be the answer, which is being proposed in these bills.
But let's make a statement here today that we will work on that over the next two months before the end of the year. It doesn't matter that the bill before us passes right now because the election's almost before us. It's going to have no impact on the election right now. I'll support the bill, but it's not going to have an impact on the election now. Let's worry about the next elections. Let's worry about having some real campaign finance reform, so we can clean up the system and go forward in the future.
Both bills are in my name, and I know it's extremely important to the majority party as to whose name is on bills or amendments. I will make a statement right now. I'd be happy to take my name off both of these bills. My name does not need to be on these bills. Unfortunately, those are the only broad campaign finance reform bills. I need to correct myself. There are other campaign finance bills, but these are two very broad bills that we could use. We would be happy to put on any sponsor on the other side of the aisle who wants to step up to the plate and say let's have some meaningful reform.
This is a critical time for us in America. This is a time when people are becoming increasingly cynical about the political process. This is a time when people are increasingly not even taking the time to go to the voting booth. This is a time when folks do not believe in the politicians who stand before them and the issues they talk about because they believe that there is just too much money in the system, and that money is corrupting the issues that are being taken up. Even if it doesn't buy votes, it still means that issues of those folks who have the most money tend to be on the top of the agenda. In fact, we're going to see some of those bills later today where it has some influence as to what bills get on our agenda and which don't.
A prime example of this is in our races right now. We can all see it in the current campaigns, and the U.S. Senate race is probably a prime example. We have a Democratic candidate who has raised over $8 million to run for U.S. Senate. We have a Republican candidate who has raised nearly $15 million to run for U.S. Senate. Those amounts are absolutely obscene that that much money has to be raised in order to win a political office. I didn't get into politics and I don't believe that most of you in this room got into politics because you want to spend all of your time on the telephone raising money from people. We got involved in politics because we wanted to make a difference; we wanted to help people. And yet now, especially if you run for higher office, you've got to spend your entire day sitting on the phone talking to contributors--not talking to seniors at a senior citizen center, not talking to children in preschool, but talking to contributors who will contribute money to you day in and day out. And if you don't do that, you won't win. The number one determinate to who wins political campaigns is not the power of ideas and not the power of the people who are out on the grassroots, but who is effective in raising the most money. We need to change that, or we're going to see an erosion of participation in this country both at the voting booth and a general disengagement from the political process.
I strongly believe the only way that we will solve our country's problems--and we have a lot of problems out there--is if we come together collectively in a bipartisan fashion and work through the government system to solve those problems. But you can't do that when you have to spend all of your time raising money. We have to have meaningful reform. So I hope we can support this amendment and say we agree there's a problem with the casino act. We need to close that loophole. I agree, but let's also say and let's tie-bar this bill to some other bills that open up the entire campaign finance reform act and have a meaningful discussion as to how to make some meaningful changes here in this state. That's what this amendment is about. To take the words of my colleague who spoke before, if you really, truly believe in campaign finance reform, you'll vote for this amendment because it will allow us to move forward and make the changes that we need to make.
Senator Peters' second statement is as follows:
I appreciate the comments of the gentleman from the 35th District--that he wants to work toward campaign finance reform. But I have to make the statement, why not do it now? There is no sense of urgency to move this bill forward. We have the elections before us. They're only a few weeks away. This bill will have no impact on the election before us. If we really want to make a statement, let's make a statement not by getting up and saying we'll pledge to do this, we'll pledge to do that. All too often those pledges are never fulfilled. We never take the steps that we need to in order to bring campaign finance reform before this body, meaningful campaign finance reform.
By putting forward a vote today and tie-barring it to these bills, we are saying that we are going to continue that work. And this bill, which I know is very important to some folks, and it certainly is important to close this loophole, does not need to go forward until we have a comprehensive campaign finance system.
The previous speaker talked about banning soft money, and I agree. We need to ban soft money. Let's put that into law. He talks about full disclosure and other items, and I agree. Let's do that. We can incorporate it either in the two bills that are being tie-barred, or we can add additional bills that will do that in a comprehensive fashion. But we have to remember, and I get really frustrated when I hear that this bill before us by itself is comparable to McCain-Feingold. It is not. McCain-Feingold is indeed a good piece of legislation, very broad, and it does do the job of banning soft money. The bill before us doesn't do that. This bill would have to go a long way to come close to the work that Mr. McCain and other folks have done in campaign finance reform.
I sincerely believe that this body can do it if we step up and show the will to actually do it. Today can be that day where we step up and tell the people of the state of Michigan that we are serious about putting in some meaningful reforms, not incremental changes and not changes that were driven primarily because one side doesn't like what another side is doing. That adds to the fact that people believe this is a very cynical process, and when folks talk about campaign finance reform, they only do it to the disadvantage of somebody else not to the advantage of the people of the state as a whole.
My amendment would be a different statement, saying we are going to look at a system which deals with the people as a whole. Those bills aren't perfect, but it could be a vehicle that we could do something really great in this state. Please, stand up, and vote "yes" on this amendment. Tell the people of the state of Michigan you care about campaign finance reform.
The question being on the passage of the bill,
The bill was defeated, 3/4 of the members serving not voting therefor, as follows:
Roll Call No. 648 Yeas--24
| Bullard | Goschka | McCotter | Schwarz |
| Byrum | Gougeon | McManus | Shugars |
| DeGrow | Hammerstrom | North | Sikkema |
| Dunaskiss | Hoffman | Peters | Steil |
| Emmons | Jaye | Rogers | Stille |
| Gast | Johnson | Schuette | Van Regenmorter |
Nays--12
| Cherry | Emerson | Leland | Smith, A. |
| DeBeaussaert | Hart | Miller | Smith, V. |
| Dingell | Koivisto | Murphy | Young |
Excused--2
Bennett Vaughn
Not Voting--0
In The Chair: Schwarz
Senator Rogers moved to reconsider the vote by which the bill was defeated.
The question being on the motion to consider,
Senator Rogers moved that further consideration of the bill be postponed for today.
The motion prevailed.
Protests
Senators Cherry and A. Smith, under their constitutional right of protest (Art. 4, Sec. 18), protested against the passage of Senate Bill No. 1410.
Senator Cherry moved that the statements he made during the discussion of the bill be printed as his reasons for voting "no."
The motion prevailed.
Senator Cherry's first statement is as follows:
The good Senator from the 35th District asked us to support this bill today because it was an opportunity for us all to accomplish a Michigan version of the McCain-Feingold legislation that is before the national Congress, a piece of legislation that is commonly understood and recognized to be the campaign finance goal that we all should strive to achieve.
I guess, in asking us to support this bill to create this Michigan version of McCain-Feingold, we would then assume that this is what this bill does. Mr. President, this bill is far, far short of what the McCain-Feingold bill is nationally, and in fact, Mr. President, if we seek to achieve campaign finance reform in the spirit of McCain-Feingold, we would have adopted the previous amendments offered by my colleague, the Senator from the 14th District, but the body chose not to adopted those.
So, what we have before us is something that doesn't even approximate McCain-Feingold. It doesn't have all those provisions about restricting contributions. In particular, Mr. President, what the McCain-Feingold does is attempts to dramatically restrict, if not prohibit, the introduction of soft money into political campaigns. This bill is completely silent on the question of soft money. So this isn't a question of whether we're going to bring McCain-Feingold to Michigan. The question is a very limited one--are we going to allow people who have an interest in casino gaming to make contributions to ballot questions other than those that apply to casino gaming? It's a very narrow question, Mr. President. It's nothing more than that, and it's nothing even close to McCain-Feingold.
Mr. President, I think there are a couple of things that ought to cause us to pause a moment. I mean this legislation obviously can't rectify anything that has been done to date. There really is not a need to have this legislation in law tomorrow, and in fact, Mr. President, the House of Representatives has left. We can't even get this to the Governor's desk for signature before the elections.
Given the fact that we can't even achieve the immediate effect, I think there are several things, Mr. President, we ought to consider before we adopt this legislation. One is, in fact, the very serious matter of free speech. The courts have obviously treated the First Amendment and campaign finance in a very serious way, and we ought not be rushing into legislation that will, in fact, result in a court striking it down. We ought to think about how we can craft this in a way that can sustain court scrutiny, and there's been a number of court decisions, Mr. President, that bring into question the version of the bill as is before us now. In particular, Mr. President, the court ruled in First National Bank v. Biloxi that the risk of corruption perceived in cases involving candidate elections simply is not present in a popular vote on a public issue. That's what we are dealing with here, a public issue outside of the operation of casino gaming. In particular, what I understand to be the immediate instance that brought this issue before us is this local vote ballot proposal that perhaps has seen some casino gaming money in it.
The court has been pretty clear that some of the issues involving candidate limitations aren't applicable. We are talking about ballot questions, and so, Mr. President, we ought to be careful that this is constructed in a way that can survive court scrutiny. There had been a number of analyses to suggest that it can't. We ought not rush simply to have the courts throw this out.
Secondly, Mr. President, what is at work here is an assessment that we should not have socially undesirable interests putting money into particular ballot proposals. If that is the driving logic behind this bill, then perhaps, Mr. President, we would do well to wait until after the election so we can scrutinize all the campaign finance statements and find out all the sociably undesirable interests that have made contributions to the Local Vote Count proposal and Kids First proposal, Proposal 1 and Proposal 2. Perhaps we may find that there's tobacco money in these proposals. You may find all sorts of socially undesirable interest groups putting forth money at that point. Should we not, Mr. President, have a more comprehensive bill if that is the driving logic at work here?
Mr. President, the good Senator from the 35th District has argued that what we need to do here is make a statement. I don't think you make any kind of statement with a bill that is constitutionally defective. I don't think you make any kind of statement on a bill that falls far short of what everybody commonly recognizes to be comprehensive campaign finance legislation. In fact, the only statement, Mr. President, that you make is an approximated term coined by a colleague several days ago in which the statement is nothing more than a fan dance, but somehow we are trying to leave the perception we're teasing the public that what is at work here is some sort of campaign finance, some sort of significant reform. When it's all said and done, the only thing we have done is clouded the vision with feathers.
This bill, Mr. President, is not any major campaign finance reform, and in fact, Mr. President, given what the court had ruled earlier this year in terms of whether family members of those who had casino interests can contribute, it appears that any prohibition is nothing more than window dressing. Mr. President, it just seems to me that if we are going to promise the public so much that we ought to spend some time and figure out exactly how we can get to the source of the problem, and that we do it in a way that does it right. The public desires more than just a political fan dance which is what this bill is in comparison to its rhetoric.
Mr. President, I would urge the members to vote "no." Keep this bill here until after the election; take a look at those campaign finance statements; see just what the level of casino gaming interest money was in the process; and then begin to construct a solution that solves the problem.
The public deserves more than this statement, Mr. President. Let's keep it here. Let's work on it. Let's develop that solution, and let's give the public a real response, real campaign finance reform.
Senator Cherry's second statement, in which Senator A. Smith concurred, is as follows:
Again I rise to urge a "no" vote on this bill, and I'm as amazed as the Senator from the 26th District and the 35th District about the rhetoric I hear. Both seem to forget that the public voted to allow these casino interests to operate in the state of Michigan, so they're not without some public credibility.
But that aside, I worked a couple of years ago with the good Senators from the 26th District and the 35th District on the bill and with the Senator from the 35th District on the language that's before us. I shared their concern then, and I share it now. But the point is that this bill that's before us, these changes that are being suggested, do not get to the source of the problem. They're fairly narrow in scope.
Interestingly enough, the U.S. courts ruled within the year that the prohibition we put into law on families was not operative. A family member of a person who has casino interests can operate just like you and I do, those of us who have no interest. So, in fact, casino money is here not only just on ballot questions, but it's here in candidate races. If that's a problem, why would we limit our discussion to a bill that simply deals with whether a casino interest can put money into a ballot question other than one that deals with casino gaming? Here is this very major problem dealing with casino money, and we're not even dealing with it. Here we have a larger problem with campaign finance, and we're not even dealing with that.
We're choosing to deal with a very narrow, narrow concern. But yet, we're going to promise the public, through our rhetoric, that somehow we have cured the casino gaming money problem, that somehow we have cured the problems surrounding campaign finance. Nothing could be further from the truth.
Much of how the world operates today will continue to be the case tomorrow. In fact, what the good members, the members from the 35th District and the 26th District, would seem to suggest is that by standing up here and urging us to take a look at this bill in greater depth in trying to deal with the real problem that somehow I'm a beneficiary or an advocate for casino money in politics. I can tell you I've look at some of the campaign finance reports. I have seen one family member of a casino interest contribute in excess of $300,000 over the past couple of years, and I didn't receive a penny of that nor did any member on my side of the aisle receive a penny of it. But it went to politics and it went to interests other than ballot questions. It went to candidates running for public office.
So let's not kid the public and seem to suggest that there's not casino money in politics--that somehow we're not going to allow it to happen. It's happening. If we want to solve it, we've got to do something more than the bill that's in front of us. I would urge that if we want to do that, we need to keep this bill before us, but apparently, the good Senator from the 35th District is so anxious to do this bill, the only way we can keep it here is to vote "no" because the bill requires a 3/4 vote.
I would urge us to vote "no." Keep the bill here. Take some time. Do it right. Give something to the public that's meaningful. Let's not just engage in these fan dances. Let's do something real. Let's make them say, "You know, those people in the Senate did a good job." That should be our goal here--to do the job right. Until we do it right, I'm a "no" vote.
Senator A. Smith's statement is as follows:
A lot of the discussion on this legislation today talked about the impact of the casino dollars on political campaigns. But the legislation itself dealt with the impact of casino dollars on a ballot question and on the casino's ability to contribute to issues, not political campaigns.
The distinction may be kind of esoteric, but it is an accurate one. I think it's important that the citizens of the state of Michigan understand the distinction because the citizens of the state of Michigan are very fair as they look at issues across the state and how they're applied. I think they would be very disgruntled to find that we are attempting to gag one business component from expressing its opinion on a ballot question that doesn't directly deal with its business in the state of Michigan. We're not willing to impact that ability and that free speech of other businesses in the state of Michigan. The gagging of one unit against a great power of a set really isn't campaign finance reform. It is campaign speech limitation. Based on that, I voted "no."
Senators Schuette, Rogers, Goschka, V. Smith and Byrum asked and were granted unanimous consent to make statements and moved that the statements be printed in the Journal.
The motion prevailed.
Senator Schuette's statement is as follows:
I have to say that I am amazed that my friend and colleague from the 28th District seems to term and phrase casinos as some benign industry. Every other state, as Senator Rogers eloquently has expressed, in America has experienced problems with the casino industry. And, in that regard, we took painstaking efforts in three separate areas to stop the flood of casino cash money coming into the state of Michigan in the political process.
If you vote "no" today, you're saying you want to be a party of casino cash. If you vote "yes," you're for reform. Because if you vote "no," you're keeping the door open very, very specifically for political contributions to come into the process because of that element that political committees would still be able to receive casino contributions, and then give it to a candidate. So if you vote "no," you're purposefully leaving the door open, a gaping hole, for casino contributions, and it's absolutely inconsistent with your previous votes passed on this issue.
This is not a free speech question. In Soto, the court decision that was reviewed by the United States Supreme Court, it talked about in the case of a history of corruption and the manipulation that can occur, there's not a free speech concern. And the United States Supreme Court did not change that ruling whatsoever.
So this really is one side or the other, whether you want reform or whether you want to keep the cash coming.
Senator Rogers' statement is as follows:
I'm very disappointed to hear the Senator from the 28th District urge a "no" vote on this particular bill.
Some years ago when we sat down to negotiate, and one of the lead negotiators that I sat across the table from was the Senator from the 2nd District, we looked around the country and saw what a corrupting influence casino cash has on politics. We saw it in Louisiana. We saw it in Illinois. We saw it in Nevada. We saw it in New Jersey and Atlantic City. Without fail, without fail, casino cash had a corrupting influence on the politics of each and every one of those states. As a matter of fact, we even had an indictment here in this state from a casino up North that had the influence of organized crime from New Jersey--right here in the state of Michigan--after everybody said that just couldn't happen.
It has a corrupting influence on politics. All the rhetoric, all the posturing, and all the trying to find reasons to say "no" in allowing casino cash to get its nose under the tent into Michigan politics is all but the worst of posturing. This is our chance to close a loophole and say, "We don't want it. We don't want casino money in our politics in Michigan." It will, it has corrupted politics all across our great nation.
I think this is a very serious bill with very serious consequences. We can't for one minute believe that somehow, because we're in the state of Michigan, that we're better than each and every one of those states that allowed it to creep in. Like a cancer, it grew and it grew and it grew until we had indictments and public officials going to jail because of their misguided intentions because of that horrible influence of that large amount of casino cash flowing into those coffers.
I would urge this body's strong support of this bill. This is our chance. This is our chance to say "no." This is our chance to have clean politics in Michigan. This is our chance to tell the people from New Jersey, La Cosa Nostra, you're not welcome here. You're not welcome in our communities. You're not welcome in the state of Michigan. I strongly urge this body's support of closing this loophole and keeping casino cash and the corrupting influence it has out of our politics.
Senator Goschka's statements is as follows:
I support the passage of Senate Bill No. 1410, and I urge my colleagues to vote for its passage. We need to make sure that clean campaigns take place in the state of Michigan. The people of the state of Michigan deserve to know that political campaigns are free of casino money.
How anyone in this chamber can vote against this bill, a campaign finance reform bill, is something that I cannot understand. This is good legislation, and the people of the state of Michigan are watching. I hope every legislator here realizes that. This is a good campaign finance reform bill, and I urge you to support Senate Bill No. 1410.
Senator V. Smith's first statement is as follows:
We passed the initiated gaming and control act in Michigan in 1997, and this is now 2000. I wonder why we haven't tried to deal with this loophole in the past? Maybe one of the reasons that this issue was not raised and sat on this floor to correct what some of my colleagues say is a gregarious problem because of how the issue was raised this time. The issue was raised this time because there was a valid proposal on the Michigan ballot dealing with local control, and I heard yesterday in debate on this issue from the sponsor of this legislation that this bill was put on the table to keep the plague of casino money off of ballot issues. Well, the facts are that the casinos did contribute some $35,000 in support of the ballot issue, but if they had given the $35,000 to those forces that were in support of state oversight of local control, then there probably wouldn't be a problem, and we probably wouldn't be here on this floor debating this issue. But since they had the audacity to give the money to those forces in this state that are fighting for local control, that put that ballot issue on the table, while at the same time the chambers of commerce were absolutely opposed to put some $125,000 on the table in opposition of that ballot issue, you can see the dichotomy.
I think it's here today because some of my colleagues on the other side of the aisle were chagrined that this money is being used on an issue that they do not agree on, and the chambers didn't want to see anybody who had any money be able to fend against them. That's why we really have it here. So it's all politics, and it's bad politics at that.
Senator V. Smith's second statement is as follows:
Let me try to help my colleague. The reason that it's not good legislation now is probably because there are some decent things in what you've put on the table, but your timing is lousy. You've had three years as the majority party to take up any type of legislation that you wanted to prohibit campaign financing. Yet, we haven't seen it. This bill requires a 3/4 vote, and you raise it at a time when your supporters have poured tons of money in on the ballot issue and the casinos put in $35,000. I guess that's the floodgates you're talking about.
So it's really about timing. From my perspective, you're timing is lousy. We would be glad to work with you when you want to take the politics out of the issue.
Senator Byrum's statement is as follows:
As we approach 33 days before the November elections, there is indeed a tremendous amount of cynicism because the public feels that they have less and less control of their government because of what's going on on the campaign finance side.
Now we very clearly here have an opportunity to have comprehensive campaign finance reform, and I stand here as an individual committed to see that happen in Michigan. It's very obvious to me there's a lot of interest in seeing this legislation pass. We have an opportunity, the ball is in play, to move the ball down the court by taking a more broad look at what we're doing here. It's also very obvious to each and every one of us that the process that we are going through is not going to land this legislation on the Governor's desk prior to the November 7 elections. Most likely it won't land on his desk this year, and we'll have to start over again the first of 2001 when a new House of Representatives is seated.
If we're serious about real campaign finance reform, we will use this issue as the momentum to be able to finally come to grips and get the political will of the entire Legislature, House and Senate, Republican and Democratic, to do something about comprehensive campaign finance reform. We are on the brink of a crisis in Michigan and nationally because we will not come to grips with what's going on with our government and how people continue to feel more and more disenfranchised and unable to be part of the process of electing a government that truly represents them.
Now, I will be voting for this legislation today, but I do believe it is a missed opportunity to not embrace Senator Peters amendment to tie-bar this legislation to more comprehensive campaign finance reform and let this legislation, Senate Bill No. 1410, give us the momentum to stand up and do the right thing.
The Assistant President pro tempore, Senator Hoffman, assumed the Chair.
The following bill was read a third time:
Senate Bill No. 342, entitled
A bill to amend 1961 PA 88, entitled "Reciprocal retirement act," by amending section 4 (MCL 38.1104), as amended by 1990 PA 274.
The question being on the passage of the bill,
The bill was passed, a majority of the members serving voting therefor, as follows:
Roll Call No. 649 Yeas--35
| Bullard | Gast | McCotter | Shugars |
| Byrum | Goschka | McManus | Sikkema |
| Cherry | Gougeon | Miller | Smith, A. |
| DeBeaussaert | Hammerstrom | Murphy | Smith, V. |
| DeGrow | Hart | North | Steil |
| Dingell | Hoffman | Peters | Stille |
| Dunaskiss | Johnson | Rogers | Van Regenmorter |
| Emerson | Koivisto | Schuette | Young |
| Emmons | Leland | Schwarz |
Nays--1
Jaye
Excused--2
Bennett Vaughn
Not Voting--0
In The Chair: Hoffman
The Senate agreed to the title of the bill.
The following bill was read a third time:
Senate Bill No. 1346, entitled
A bill to amend 1949 PA 300, entitled "Michigan vehicle code," by amending section 710g (MCL 257.710g), as added by 2000 PA 282.
The question being on the passage of the bill,
The bill was passed, a majority of the members serving voting therefor, as follows:
Roll Call No. 650 Yeas--35
| Bullard | Gast | McCotter | Shugars |
| Byrum | Goschka | McManus | Sikkema |
| Cherry | Gougeon | Miller | Smith, A. |
| DeBeaussaert | Hammerstrom | Murphy | Smith, V. |
| DeGrow | Hart | North | Steil |
| Dingell | Hoffman | Peters | Stille |
| Dunaskiss | Johnson | Rogers | Van Regenmorter |
| Emerson | Koivisto | Schuette | Young |
| Emmons | Leland | Schwarz |
Nays--1
Jaye
Excused--2
Bennett Vaughn
Not Voting--0
In The Chair: Hoffman
The Senate agreed to the title of the bill.
The following bill was read a third time:
House Bill No. 4335, entitled
A bill to amend 1967 PA 150, entitled "Michigan military act," by amending section 411 (MCL 32.811), as amended by 1996 PA 497.
The question being on the passage of the bill,
The bill was passed, a majority of the members serving voting therefor, as follows:
Roll Call No. 651 Yeas--36
| Bullard | Gast | Leland | Schwarz |
| Byrum | Goschka | McCotter | Shugars |
| Cherry | Gougeon | McManus | Sikkema |
| DeBeaussaert | Hammerstrom | Miller | Smith, A. |
| DeGrow | Hart | Murphy | Smith, V. |
| Dingell | Hoffman | North | Steil |
| Dunaskiss | Jaye | Peters | Stille |
| Emerson | Johnson | Rogers | Van Regenmorter |
| Emmons | Koivisto | Schuette | Young |
Nays--0
Excused--2
Bennett Vaughn
Not Voting--0
In The Chair: Hoffman
The question being on concurring in the committee recommendation to give the bill immediate effect,
The recommendation was concurred in, 2/3 of the members serving voting therefor.
Pursuant to Joint Rule 20, the full title of the act shall be inserted to read as follows:
"An act to provide for the militia of this state and its organization, command, personnel, administration, training, supply, discipline, deployment, employment, and retirement; and to repeal acts and parts of acts,".
The Senate agreed to the full title.
The President pro tempore, Senator Schwarz, resumed the Chair.
The following bill was read a third time:
Senate Bill No. 267, entitled
A bill to amend 1986 PA 182, entitled "State police retirement act of 1986," by amending sections 3, 14, 25, and 26 (MCL 38.1603, 38.1614, 38.1625, and 38.1626), section 3 as amended by 1995 PA 192, section 14 as amended by 1989 PA 191, and section 26 as amended by 1991 PA 53, and by adding sections 13a and 40b.
The question being on the passage of the bill,
Senator A. Smith offered the following amendment:
1. Amend page 9, line 1, after the second "MONTH" by striking out the balance of the sentence and inserting "IN WHICH THE PERSON RETIRED.".
The question being on the adoption of the amendment,
Senator Hoffman moved that further consideration of the bill be postponed for today.
The motion prevailed.
The following bill was read a third time:
Senate Bill No. 764, entitled
A bill to amend 1945 PA 327, entitled "Aeronautics code of the state of Michigan," by amending sections 9 and 151 (MCL 259.9 and 259.151), as amended by 1996 PA 370.
The question being on the passage of the bill,
The bill was passed, a majority of the members serving voting therefor, as follows:
Roll Call No. 652 Yeas--36
| Bullard | Gast | Leland | Schwarz |
| Byrum | Goschka | McCotter | Shugars |
| Cherry | Gougeon | McManus | Sikkema |
| DeBeaussaert | Hammerstrom | Miller | Smith, A. |
| DeGrow | Hart | Murphy | Smith, V. |
| Dingell | Hoffman | North | Steil |
| Dunaskiss | Jaye | Peters | Stille |
| Emerson | Johnson | Rogers | Van Regenmorter |
| Emmons | Koivisto | Schuette | Young |
Nays--0
Excused--2
Bennett Vaughn
Not Voting--0
In The Chair: Schwarz
The Senate agreed to the title of the bill.
The Assistant President pro tempore, Senator Hoffman, resumed the Chair.
The following bill was read a third time:
Senate Bill No. 765, entitled
A bill to amend 1921 PA 207, entitled "City and village zoning act," by amending sections 1, 4, and 20 (MCL 125.581, 125.584, and 125.600), section 1 as amended by 1995 PA 36 and section 20 as added by 1996 PA 571.
The question being on the passage of the bill,
The bill was passed, a majority of the members serving voting therefor, as follows:
Roll Call No. 653 Yeas--36
| Bullard | Gast | Leland | Schwarz |
| Byrum | Goschka | McCotter | Shugars |
| Cherry | Gougeon | McManus | Sikkema |
| DeBeaussaert | Hammerstrom | Miller | Smith, A. |
| DeGrow | Hart | Murphy | Smith, V. |
| Dingell | Hoffman | North | Steil |
| Dunaskiss | Jaye | Peters | Stille |
| Emerson | Johnson | Rogers | Van Regenmorter |
| Emmons | Koivisto | Schuette | Young |
Nays--0
Excused--2
Bennett Vaughn
Not Voting--0
In The Chair: Hoffman
The Senate agreed to the title of the bill.
The following bill was read a third time:
Senate Bill No. 1292, entitled
A bill to amend 1968 PA 2, entitled "Uniform budgeting and accounting act," by amending sections 1, 2a, 2b, 2c, 2d, 4, 7, 8, 14, 15, 16, 17, 18, 19, and 20 (MCL 141.421, 141.422a, 141.422b, 141.422c, 141.422d, 141.424, 141.427, 141.428, 141.434, 141.435, 141.436, 141.437, 141.438, 141.439, and 141.440), sections 1 and 7 as amended by 1982 PA 451, sections 2b and 4 as amended by 1996 PA 439, section 2d as amended by 1999 PA 142, section 8 as amended by 1996 PA 400, section 15 as amended by 1981 PA 77, and sections 16 and 17 as amended by 1995 PA 41.
The question being on the passage of the bill,
Senator Jaye offered the following amendment:
1. Amend page 12, following line 24, by inserting:
"(6) THE PROVISIONS OF (4) DO NOT APPLY TO A LOCAL UNIT WHICH IN THE SAME CALENDAR YEAR THAT THE FINANCIAL REPORT IS DUE, SCHEDULES AN ELECTION TO ISSUE OR RENEW BONDS, OR LEVY OR RENEW ANY TAX MILLAGE, OR IS CONDUCTING AN ELECTION FOR OFFICE.
(7) WHERE THE PROVISIONS OF (6) APPLY, THE LOCAL UNIT IS REQUIRED TO FILE ITS REPORT WITHIN 60 DAYS OF THE END OF ITS FISCAL YEAR.
(8) A LOCAL UNIT WHICH VIOLATES THE PROVISIONS OF (6) SHALL BE FINED BY THE STATE TREASURER $100.00 PER DAY.".
The question being on the adoption of the amendment,
Senator Jaye requested the yeas and nays.
The yeas and nays were ordered, 1/5 of the members present voting therefor.
The amendment was adopted, a majority of the members serving voting therefor, as follows:
Roll Call No. 654 Yeas--22
| Byrum | Goschka | McCotter | Schuette |
| Cherry | Hammerstrom | Miller | Smith, A. |
| DeBeaussaert | Hoffman | Murphy | Smith, V. |
| Dingell | Jaye | Peters | Stille |
| Dunaskiss | Johnson | Rogers | Young |
Emerson Leland
Nays--14
| Bullard | Gougeon | North | Sikkema |
| DeGrow | Hart | Schwarz | Steil |
| Emmons | Koivisto | Shugars | Van Regenmorter |
Gast McManus
Excused--2
Bennett Vaughn
Not Voting--0
In The Chair: Hoffman
The question being on the passage of the bill,
The bill was passed, a majority of the members serving voting therefor, as follows:
Roll Call No. 655 Yeas--36
| Bullard | Gast | Leland | Schwarz |
| Byrum | Goschka | McCotter | Shugars |
| Cherry | Gougeon | McManus | Sikkema |
| DeBeaussaert | Hammerstrom | Miller | Smith, A. |
| DeGrow | Hart | Murphy | Smith, V. |
| Dingell | Hoffman | North | Steil |
| Dunaskiss | Jaye | Peters | Stille |
| Emerson | Johnson | Rogers | Van Regenmorter |
| Emmons | Koivisto | Schuette | Young |
Nays--0
Excused--2
Bennett Vaughn
Not Voting--0
In The Chair: Hoffman
The Senate agreed to the title of the bill.
Senator Jaye asked and was granted unanimous consent to make a statement and moved that the statement be printed in the Journal.
The motion prevailed.
Senator Jaye's first statement is as follows:
This amendment tries to have some sunshine in a unit of government's financial circumstances before an election or before a tax increase. Under current law, the townships, cities, or counties are supposed to provide an audit statement, a balance sheet, or financial statement two months after the close of the their books. Almost all of our local units of government have their books close on June 30. That means, two months later, by August 30, people are supposed to find out if there's a surplus in the township, city, or school or if there is a deficit and by what number.
What this proposes to do is extend that to six months after the close of books, plus another two months, as long as they are making progress towards completing the audit. The problem with that is, you can have a unit of government like Hamtramck that is on the front page of The Detroit News that will say, "We don't want to have our voters find out that we are in deficit spending until February of the next year." Or maybe the incumbents don't want to know that there are no big contracts or cost overruns.
Sometimes a unit of government has a tax increase schedule. This has happened in school districts in Macomb County where they budget at the highest level of expenditures. They consider all of their employees as if they were 30-year employees at the highest salary level. They budget as if there is going to be snowstorms and heat waves at the same time. They understate the revenue saying there is no way there is going to be expansion of the base, and they delay the publication of the audit until after the election. Guess what? There was a surplus after all.
We've even had in the state of Michigan circumstances where these fiscal year audits and budgets have been manipulated. The state of Michigan used to have our fiscal year end on June 30. I believe it was 1980 where the Legislature and the Governor extended our budget year by three months in order to meet the balance budget requirement.
What the Jaye amendment says is that we'll allow local units of government to have an eight-month extension--even though I am not crazy about the idea except if there is going to be an election. If there is going to be an election where the city council, township officials, or the county commissioners face the voter, or if there's going to be a tax increase or a millage increase, let's have the voters or the challengers have that audit statement, that financial statement, two months after the close of books as it is in current law. We will have a $100 per day fine if they don't produce it. The $100 a day is a very token amount. It will send a message that the financial health and circumstances, their practices on contracts, whether there are no big contracts, whether there are cost overruns--that this is information that not only the rivals for office should have, but so should the public; before they vote on a re-election campaign or a tax increase. I hope you will consider this amendment and vote to make sure that the taxpayers and the voters have this financial information before an election or before a tax increase.
Senator Jaye's second statement is as follows:
These audit statements are not regularly available, particularly, what is called the errors and exceptions statement. An errors and exceptions statement is when the CPA comes in and they say there was commingling of funds, or there wasn't a regular deposit of funds, or the funds were not deposited in an interest-bearing account. There wasn't an appropriate collection, or there is off budget liability. For instance, in my unit of government of a pension, we have pension plans where the amount of money for reserves doesn't match what the obligations will be. Those kinds of errors in omission statements are only available one per year, and that is after the auditor submits their report. Usually, those errors and omissions are not all that flattering when we have a township, city, or a school that is in trouble.
We've had this happen many, many times. We've had this happen in the state. I am asking for your consideration when under the special circumstances when the elected officials are going to face the voters or are asking for a tax increase, that these one per year documents be available two months later. Have it available on August 30, not eight months later on February 1 or 2 when it doesn't do anybody any good. Eight months! Can you imagine any man or woman who is running a company waiting eight months after the close of books to find out how their company or business is doing, whether her employees have followed standard accounting principles--two months, if there is going to be an election or a contract. I request your support.
The following bill was read a third time:
Senate Bill No. 1337, entitled
A bill to authorize the state administrative board to convey certain state owned property in Jackson county in exchange for certain other parcels in Jackson county; to prescribe certain conditions for that exchange; and to provide for certain powers and duties of the department of management and budget, the department of corrections, and the attorney general in regard to that exchange.
The question being on the passage of the bill,
The bill was passed, a majority of the members serving voting therefor, as follows:
Roll Call No. 656 Yeas--36
| Bullard | Gast | Leland | Schwarz |
| Byrum | Goschka | McCotter | Shugars |
| Cherry | Gougeon | McManus | Sikkema |
| DeBeaussaert | Hammerstrom | Miller | Smith, A. |
| DeGrow | Hart | Murphy | Smith, V. |
| Dingell | Hoffman | North | Steil |
| Dunaskiss | Jaye | Peters | Stille |
| Emerson | Johnson | Rogers | Van Regenmorter |
| Emmons | Koivisto | Schuette | Young |
Nays--0
Excused--2
Bennett Vaughn
Not Voting--0
In The Chair: Hoffman
The Senate agreed to the title of the bill.
The following bill was read a third time:
Senate Bill No. 1343, entitled
A bill to authorize the department of natural resources to convey certain state owned property in Macomb county; to prescribe conditions for the conveyance; and to provide for disposition of the revenue from the conveyance.
The question being on the passage of the bill,
The bill was passed, a majority of the members serving voting therefor, as follows:
Roll Call No. 657 Yeas--36
| Bullard | Gast | Leland | Schwarz |
| Byrum | Goschka | McCotter | Shugars |
| Cherry | Gougeon | McManus | Sikkema |
| DeBeaussaert | Hammerstrom | Miller | Smith, A. |
| DeGrow | Hart | Murphy | Smith, V. |
| Dingell | Hoffman | North | Steil |
| Dunaskiss | Jaye | Peters | Stille |
| Emerson | Johnson | Rogers | Van Regenmorter |
| Emmons | Koivisto | Schuette | Young |
Nays--0
Excused--2
Bennett Vaughn
Not Voting--0
In The Chair: Hoffman
The Senate agreed to the title of the bill.
The following bill was read a third time:
Senate Bill No. 1365, entitled
A bill to authorize the department of management and budget to convey certain state owned property in the county of Jackson in exchange for certain other property in the county of Jackson.
The question being on the passage of the bill,
The bill was passed, a majority of the members serving voting therefor, as follows:
Roll Call No. 658 Yeas--36
| Bullard | Gast | Leland | Schwarz |
| Byrum | Goschka | McCotter | Shugars |
| Cherry | Gougeon | McManus | Sikkema |
| DeBeaussaert | Hammerstrom | Miller | Smith, A. |
| DeGrow | Hart | Murphy | Smith, V. |
| Dingell | Hoffman | North | Steil |
| Dunaskiss | Jaye | Peters | Stille |
| Emerson | Johnson | Rogers | Van Regenmorter |
| Emmons | Koivisto | Schuette | Young |
Nays--0
Excused--2
Bennett Vaughn
Not Voting--0
In The Chair: Hoffman
The Senate agreed to the title of the bill.
The following bill was read a third time:
House Bill No. 5321, entitled
A bill to amend 1959 PA 203, entitled "Emergency interim local succession act," by amending sections 4 and 5 (MCL 31.104 and 31.105); and to repeal acts and parts of acts.
The question being on the passage of the bill,
The bill was passed, a majority of the members serving voting therefor, as follows:
Roll Call No. 659 Yeas--36
| Bullard | Gast | Leland | Schwarz |
| Byrum | Goschka | McCotter | Shugars |
| Cherry | Gougeon | McManus | Sikkema |
| DeBeaussaert | Hammerstrom | Miller | Smith, A. |
| DeGrow | Hart | Murphy | Smith, V. |
| Dingell | Hoffman | North | Steil |
| Dunaskiss | Jaye | Peters | Stille |
| Emerson | Johnson | Rogers | Van Regenmorter |
| Emmons | Koivisto | Schuette | Young |
Nays--0
Excused--2
Bennett Vaughn
Not Voting--0
In The Chair: Hoffman
The question being on concurring in the committee recommendation to give the bill immediate effect,
The recommendation was concurred in, 2/3 of the members serving voting therefor.
Pursuant to Joint Rule 20, the full title of the act shall be inserted to read as follows:
"An act to provide, in the event of an emergency resulting from disaster occurring in this state caused by an enemy attack upon the United States, for prompt and temporary succession to the powers and duties of local political subdivision offices, the incumbents of which may become unavailable for exercising the powers and discharging the duties of such offices, by authorizing local political subdivisions to enact resolutions and ordinances relating to continuity of local government; and to authorize local political subdivisions of this state to establish emergency temporary locations for their seats of government and to exercise governmental powers and functions thereat,".
The Senate agreed to the full title.
The following bill was read a third time:
House Bill No. 5677, entitled
A bill to amend 1931 PA 328, entitled "The Michigan penal code," (MCL 750.1 to 750.568) by adding section 411r.
The question being on the passage of the bill,
The bill was passed, a majority of the members serving voting therefor, as follows:
Roll Call No. 660 Yeas--36
| Bullard | Gast | Leland | Schwarz |
| Byrum | Goschka | McCotter | Shugars |
| Cherry | Gougeon | McManus | Sikkema |
| DeBeaussaert | Hammerstrom | Miller | Smith, A. |
| DeGrow | Hart | Murphy | Smith, V. |
| Dingell | Hoffman | North | Steil |
| Dunaskiss | Jaye | Peters | Stille |
| Emerson | Johnson | Rogers | Van Regenmorter |
| Emmons | Koivisto | Schuette | Young |
Nays--0
Excused--2
Bennett Vaughn
Not Voting--0
In The Chair: Hoffman
The question being on concurring in the committee recommendation to give the bill immediate effect,
The recommendation was concurred in, 2/3 of the members serving voting therefor.
Pursuant to Joint Rule 20, the full title of the act shall be inserted to read as follows:
"An act to revise, consolidate, codify and add to the statutes relating to crimes; to define crimes and prescribe the penalties therefor; to provide for restitution under certain circumstances; to provide for the competency of evidence at the trial of persons accused of crime; to provide immunity from prosecution for certain witnesses appearing at such trials; and to repeal certain acts and parts of acts inconsistent with or contravening any of the provisions of this act,".
The Senate agreed to the full title.
The President pro tempore, Senator Schwarz, resumed the Chair.
The following bill was read a third time:
House Bill No. 5296, entitled
A bill to amend 1954 PA 188, entitled "An act to provide for the making of certain improvements by townships; to provide for paying for the improvements by the issuance of bonds; to provide for the levying of taxes; to provide for assessing the whole or a part of the cost of improvements against property benefited; and to provide for the issuance of bonds in anticipation of the collection of special assessments and for the obligation of the township on the bonds," by amending section 4a (MCL 41.724a), as amended by 1986 PA 180.
The question being on the passage of the bill,
The bill was passed, a majority of the members serving voting therefor, as follows:
Roll Call No. 661 Yeas--36
| Bullard | Gast | Leland | Schwarz |
| Byrum | Goschka | McCotter | Shugars |
| Cherry | Gougeon | McManus | Sikkema |
| DeBeaussaert | Hammerstrom | Miller | Smith, A. |
| DeGrow | Hart | Murphy | Smith, V. |
| Dingell | Hoffman | North | Steil |
| Dunaskiss | Jaye | Peters | Stille |
| Emerson | Johnson | Rogers | Van Regenmorter |
| Emmons | Koivisto | Schuette | Young |
Nays--0
Excused--2
Bennett Vaughn
Not Voting--0
In The Chair: Schwarz
The question being on concurring in the committee recommendation to give the bill immediate effect,
The recommendation was concurred in, 2/3 of the members serving voting therefor.
The Senate agreed to the title of the bill.
The following bill was read a third time:
Senate Bill No. 1093, entitled
A bill to amend 1931 PA 328, entitled "The Michigan penal code," by repealing sections 171, 172, 173, and 173a (MCL 750.171, 750.172, 750.173, and 750.173a).
The question being on the passage of the bill,
The bill was passed, a majority of the members serving voting therefor, as follows:
Roll Call No. 662 Yeas--36
| Bullard | Gast | Leland | Schwarz |
| Byrum | Goschka | McCotter | Shugars |
| Cherry | Gougeon | McManus | Sikkema |
| DeBeaussaert | Hammerstrom | Miller | Smith, A. |
| DeGrow | Hart | Murphy | Smith, V. |
| Dingell | Hoffman | North | Steil |
| Dunaskiss | Jaye | Peters | Stille |
| Emerson | Johnson | Rogers | Van Regenmorter |
| Emmons | Koivisto | Schuette | Young |
Nays--0
Excused--2
Bennett Vaughn
Not Voting--0
In The Chair: Schwarz
The Senate agreed to the title of the bill.
The following bill was read a third time:
Senate Bill No. 1094, entitled
A bill to amend 1927 PA 175, entitled "The code of criminal procedure," by amending section 16i of chapter XVII (MCL 777.16i), as added by 1998 PA 317.
The question being on the passage of the bill,
The bill was passed, a majority of the members serving voting therefor, as follows:
Roll Call No. 663 Yeas--36
| Bullard | Gast | Leland | Schwarz |
| Byrum | Goschka | McCotter | Shugars |
| Cherry | Gougeon | McManus | Sikkema |
| DeBeaussaert | Hammerstrom | Miller | Smith, A. |
| DeGrow | Hart | Murphy | Smith, V. |
| Dingell | Hoffman | North | Steil |
| Dunaskiss | Jaye | Peters | Stille |
| Emerson | Johnson | Rogers | Van Regenmorter |
| Emmons | Koivisto | Schuette | Young |
Nays--0
Excused--2
Bennett Vaughn
Not Voting--0
In The Chair: Schwarz
The Senate agreed to the title of the bill.
The following bill was read a third time:
Senate Bill No. 1144, entitled
A bill to amend 1925 PA 12, entitled "An act to provide for the laying out and establishing of additional trunk line mileage; to make all roads that have been improved as federal aid projects, and all roads that have been, or that may hereafter be, approved for federal aid, trunk line highways; to provide for the widening, altering or straightening of trunk line highways; to provide for the abandonment, alteration or change of any portion of the trunk line highway; and to repeal all acts and parts of acts inconsistent herewith," by repealing section 2 (MCL 250.112).
The question being on the passage of the bill,
The bill was passed, a majority of the members serving voting therefor, as follows:
Roll Call No. 664 Yeas--36
| Bullard | Gast | Leland | Schwarz |
| Byrum | Goschka | McCotter | Shugars |
| Cherry | Gougeon | McManus | Sikkema |
| DeBeaussaert | Hammerstrom | Miller | Smith, A. |
| DeGrow | Hart | Murphy | Smith, V. |
| Dingell | Hoffman | North | Steil |
| Dunaskiss | Jaye | Peters | Stille |
| Emerson | Johnson | Rogers | Van Regenmorter |
| Emmons | Koivisto | Schuette | Young |
Nays--0
Excused--2
Bennett Vaughn
Not Voting--0
In The Chair: Schwarz
The Senate agreed to the title of the bill.
By unanimous consent the Senate proceeded to consideration of the following bill:
Senate Bill No. 1153, entitled
A bill to repeal 1955 PA 191, entitled "An act authorizing the state highway commissioner of Michigan to enter into negotiations with the Wisconsin state highway commissioner in the preparation of plans, specifications and designs of an interstate bridge extending from First street in Menominee across the Menominee river to Ogden street in Marinette, Wisconsin, and to provide for the cost and expense of such plans, specifications and designs," (MCL 254.131).
The above bill was read a third time.
The question being on the passage of the bill,
The bill was passed, a majority of the members serving voting therefor, as follows:
Roll Call No. 665 Yeas--35
| Bullard | Gast | McCotter | Shugars |
| Byrum | Goschka | McManus | Sikkema |
| Cherry | Gougeon | Miller | Smith, A. |
| DeBeaussaert | Hammerstrom | Murphy | Smith, V. |
| DeGrow | Hoffman | North | Steil |
| Dingell | Jaye | Peters | Stille |
| Dunaskiss | Johnson | Rogers | Van Regenmorter |
| Emerson | Koivisto | Schuette | Young |
| Emmons | Leland | Schwarz |
Nays--1
Hart
Excused--2
Bennett Vaughn
Not Voting--0
In The Chair: Schwarz
The Senate agreed to the title of the bill.
Senator Hart stated that he had intended to vote "yea" on the passage of the following bill:
Senate Bill No. 1153
The following bill was read a third time:
Senate Bill No. 1348, entitled
A bill to create the office of state poet laureate in the executive branch; to provide for the appointment and term of certain state officers; and to impose duties and responsibilities on certain state officers.
The question being on the passage of the bill,
The bill was passed, a majority of the members serving voting therefor, as follows:
Roll Call No. 666 Yeas--33
| Bullard | Gast | Leland | Schuette |
| Byrum | Goschka | McCotter | Schwarz |
| Cherry | Gougeon | McManus | Shugars |
| DeBeaussaert | Hammerstrom | Miller | Sikkema |
| DeGrow | Hart | Murphy | Smith, A. |
| Dingell | Hoffman | North | Smith, V. |
| Dunaskiss | Johnson | Peters | Steil |
| Emerson | Koivisto | Rogers | Stille |
Emmons
Nays--3
Jaye Van Regenmorter Young
Excused--2
Bennett Vaughn
Not Voting--0
In The Chair: Schwarz
The Senate agreed to the title of the bill.
By unanimous consent the Senate returned to consideration of the following bill:
Senate Bill No. 1152, entitled
A bill to repeal 1927 PA 98, entitled "An act authorizing the state highway commissioner of the state of Michigan to enter into an agreement with the Wisconsin state highway commission to construct an interstate bridge project extending from approximately the intersection of Ogden avenue and Chandler street in the city of Menominee, Michigan, in a straight line terminating at the approximate center of Dunlap square in the city of Marinette, Wisconsin, and to provide for the cost and expense thereof," (MCL 254.121 to 254.123).
The above bill was read a third time.
The question being on the passage of the bill,
The bill was passed, a majority of the members serving voting therefor, as follows:
Roll Call No. 667 Yeas--35
| Bullard | Gast | McCotter | Shugars |
| Byrum | Goschka | McManus | Sikkema |
| Cherry | Gougeon | Miller | Smith, A. |
| DeBeaussaert | Hammerstrom | Murphy | Smith, V. |
| DeGrow | Hoffman | North | Steil |
| Dingell | Jaye | Peters | Stille |
| Dunaskiss | Johnson | Rogers | Van Regenmorter |
| Emerson | Koivisto | Schuette | Young |
| Emmons | Leland | Schwarz |
Nays--0
Excused--2
Bennett Vaughn
Not Voting--1
Hart
In The Chair: Schwarz
The Senate agreed to the title of the bill.
The following bill was read a third time:
Senate Bill No. 1180, entitled
A bill to amend 1985 PA 87, entitled "Crime victim's rights act," by amending sections 2, 3, 5, 6, 8, 11, 13a, 14, 15, 16, 18a, 19, 21, 31, 32, 35, 36, 38, 39, 41, 41a, 42, 43, 44, 46, 46a, 48, 61, 63, 65, 66, 68, 71, 74, 75, 76, 78, and 78a (MCL 780.752, 780.753, 780.755, 780.756, 780.758, 780.761, 780.763a, 780.764, 780.765, 780.766, 780.768a, 780.769, 780.771, 780.781, 780.782, 780.785, 780.786, 780.788, 780.789, 780.791, 780.791a, 780.792, 780.793, 780.794, 780.796, 780.796a, 780.798, 780.811, 780.813, 780.815, 780.816, 780.818, 780.821, 780.824, 780.825, 780.826, 780.828, and 780.828a), sections 2, 6, 13a, 31, 36, 41a, and 48 as amended by 1998 PA 523, sections 3, 5, 18a, 32, 35, 41, 43, 46, 63, 66, and 78 as amended and section 46a as added by 1993 PA 341, sections 16 and 76 as amended by 1998 PA 232, sections 19 and 78a as amended by 1996 PA 105, sections 38, 39, and 42 as added by 1988 PA 22, section 44 as amended by 1996 PA 562, section 61 as amended by 1996 PA 82, and sections 65, 68, 71, 74, and 75 as added by 1988 PA 21, and by adding sections 16a, 36b, 44a, and 76a.
The question being on the passage of the bill,
The bill was passed, a majority of the members serving voting therefor, as follows:
Roll Call No. 668 Yeas--36
| Bullard | Gast | Leland | Schwarz |
| Byrum | Goschka | McCotter | Shugars |
| Cherry | Gougeon | McManus | Sikkema |
| DeBeaussaert | Hammerstrom | Miller | Smith, A. |
| DeGrow | Hart | Murphy | Smith, V. |
| Dingell | Hoffman | North | Steil |
| Dunaskiss | Jaye | Peters | Stille |
| Emerson | Johnson | Rogers | Van Regenmorter |
| Emmons | Koivisto | Schuette | Young |
Nays--0
Excused--2
Bennett Vaughn
Not Voting--0
In The Chair: Schwarz
The Senate agreed to the title of the bill.
By unanimous consent the Senate proceeded to consideration of the following bill:
House Bill No. 5153, entitled
A bill to amend 1893 PA 206, entitled "The general property tax act," by amending section 9c (MCL 211.9c).
The above bill was read a third time.
The question being on the passage of the bill,
The bill was passed, a majority of the members serving voting therefor, as follows:
Roll Call No. 669 Yeas--33
| Bullard | Gast | Koivisto | Schuette |
| Byrum | Goschka | Leland | Schwarz |
| Cherry | Gougeon | McCotter | Shugars |
| DeBeaussaert | Hammerstrom | McManus | Sikkema |
| DeGrow | Hart | Miller | Steil |
| Dingell | Hoffman | Murphy | Stille |
| Dunaskiss | Jaye | North | Van Regenmorter |
| Emerson | Johnson | Rogers | Young |
Emmons
Nays--3
Peters Smith, A. Smith, V.
Excused--2
Bennett Vaughn
Not Voting--0
In The Chair: Schwarz
The question being on concurring in the committee recommendation to give the bill immediate effect,
The recommendation was concurred in, 2/3 of the members serving voting therefor.
Pursuant to Joint Rule 20, the full title of the act shall be inserted to read as follows:
"An act to provide for the assessment of rights and interests, including leasehold interests, in property and the levy and collection of taxes on property, and for the collection of taxes levied; making those taxes a lien on the property taxed, establishing and continuing the lien, providing for the sale or forfeiture and conveyance of property delinquent for taxes, and for the inspection and disposition of lands bid off to the state and not redeemed or purchased; to provide for the establishment of a delinquent tax revolving fund and the borrowing of money by counties and the issuance of notes; to define and limit the jurisdiction of the courts in proceedings in connection with property delinquent for taxes; to limit the time within which actions may be brought; to prescribe certain limitations with respect to rates of taxation; to prescribe certain powers and duties of certain officers, departments, agencies, and political subdivisions of this state; to provide for certain reimbursements of certain expenses incurred by units of local government; to provide penalties for the violation of this act; and to repeal acts and parts of acts,".
The Senate agreed to the full title.
The following bill was read a third time:
Senate Bill No. 1345, entitled
A bill to amend 1975 PA 228, entitled "Single business tax act," by amending sections 3 and 22a (MCL 208.3 and 208.22a), section 3 as amended by 1999 PA 115 and section 22a as amended by 1996 PA 578.
The question being on the passage of the bill,
The bill was passed, a majority of the members serving voting therefor, as follows:
Roll Call No. 670 Yeas--36
| Bullard | Gast | Leland | Schwarz |
| Byrum | Goschka | McCotter | Shugars |
| Cherry | Gougeon | McManus | Sikkema |
| DeBeaussaert | Hammerstrom | Miller | Smith, A. |
| DeGrow | Hart | Murphy | Smith, V. |
| Dingell | Hoffman | North | Steil |
| Dunaskiss | Jaye | Peters | Stille |
| Emerson | Johnson | Rogers | Van Regenmorter |
| Emmons | Koivisto | Schuette | Young |
Nays--0
Excused--2
Bennett Vaughn
Not Voting--0
In The Chair: Schwarz
The Senate agreed to the title of the bill.
Senator Rogers moved to reconsider the vote by which the following bill was passed:
Senate Bill No. 1292, entitled
A bill to amend 1968 PA 2, entitled "Uniform budgeting and accounting act," by amending sections 1, 2a, 2b, 2c, 2d, 4, 7, 8, 14, 15, 16, 17, 18, 19, and 20 (MCL 141.421, 141.422a, 141.422b, 141.422c, 141.422d, 141.424, 141.427, 141.428, 141.434, 141.435, 141.436, 141.437, 141.438, 141.439, and 141.440), sections 1 and 7 as amended by 1982 PA 451, sections 2b and 4 as amended by 1996 PA 439, section 2d as amended by 1999 PA 142, section 8 as amended by 1996 PA 400, section 15 as amended by 1981 PA 77, and sections 16 and 17 as amended by 1995 PA 41.
The motion prevailed, a majority of the members serving voting therefor.
The question being on the passage of the bill,
Senator Rogers moved that further consideration of the bill be postponed for today.
The motion prevailed.
By unanimous consent the Senate returned to the order of
Messages from the House
By unanimous consent the Senate proceeded to consideration of the following bill:
Senate Bill No. 1276, entitled
A bill to provide for the establishment of recreational authorities; to provide powers and duties of an authority; to authorize the assessment of a fee, the levy of a property tax, and the issuance of bonds and notes by an authority; and to provide for the powers and duties of certain government officials.
Substitute (H-2).
The question being on concurring in the substitute made to the bill by the House,
The substitute was concurred in, a majority of the members serving voting therefor, as follows:
Roll Call No. 671 Yeas--34
| Bullard | Gast | McManus | Shugars |
| Byrum | Goschka | Miller | Sikkema |
| Cherry | Gougeon | Murphy | Smith, A. |
| DeBeaussaert | Hammerstrom | North | Smith, V. |
| DeGrow | Hart | Peters | Steil |
| Dingell | Hoffman | Rogers | Stille |
| Dunaskiss | Johnson | Schuette | Van Regenmorter |
| Emerson | Koivisto | Schwarz | Young |
Emmons Leland
Nays--2
Jaye McCotter
Excused--2
Bennett Vaughn
Not Voting--0
In The Chair: Schwarz
The question being on concurring in the committee recommendation to give the bill immediate effect,
The recommendation was concurred in, 2/3 of the members serving voting therefor.
The bill was referred to the Secretary for enrollment printing and presentation to the Governor.
Senate Bill No. 945, entitled
A bill to amend 1974 PA 163, entitled "L.E.I.N. policy council act of 1974," by amending section 4 (MCL 28.214), as amended by 1998 PA 459.
The House of Representatives has substituted (H-1)* the bill.
The House of Representatives has passed the bill as substituted (H-1)*, ordered that it be given immediate effect and pursuant to Joint Rule 20, inserted the full title.
Pending the order that, under rule 3.202, the bill be laid over one day,
Senator Rogers moved that the rule be suspended.
The motion prevailed, a majority of the members serving voting therefor.
The question being on concurring in the substitute made to the bill by the House,
The substitute was concurred in, a majority of the members serving voting therefor, as follows:
Roll Call No. 672 Yeas--36
| Bullard | Gast | Leland | Schwarz |
| Byrum | Goschka | McCotter | Shugars |
| Cherry | Gougeon | McManus | Sikkema |
| DeBeaussaert | Hammerstrom | Miller | Smith, A. |
| DeGrow | Hart | Murphy | Smith, V. |
| Dingell | Hoffman | North | Steil |
| Dunaskiss | Jaye | Peters | Stille |
| Emerson | Johnson | Rogers | Van Regenmorter |
| Emmons | Koivisto | Schuette | Young |
Nays--0
Excused--2
Bennett Vaughn
Not Voting--0
In The Chair: Schwarz
The Assistant President pro tempore, Senator Hoffman, resumed the Chair.
The question being on concurring in the committee recommendation to give the bill immediate effect,
The recommendation was concurred in, 2/3 of the members serving voting therefor.
The Senate agreed to the full title.
The bill was referred to the Secretary for enrollment printing and presentation to the Governor.
Senate Bill No. 1043, entitled
A bill to amend 1978 PA 368, entitled "Public health code," by amending sections 7401, 7402, 7403, 7404, 7410, and 7410a (MCL 333.7401, 333.7402, 333.7403, 333.7404, 333.7410, and 333.7410a), section 7401 as amended by 1998 PA 319, sections 7402 and 7404 as amended by 1994 PA 38, section 7403 as amended by 1996 PA 249, section 7410 as amended by 1999 PA 188, and section 7410a as added by 1998 PA 261, and by adding section 7401b.
The House of Representatives has substituted (H-2) the bill.
The House of Representatives has passed the bill as substituted (H-2), ordered that it be given immediate effect and amended the title to read as follows:
A bill to amend 1978 PA 368, entitled "An act to protect and promote the public health; to codify, revise, consolidate, classify, and add to the laws relating to public health; to provide for the prevention and control of diseases and disabilities; to provide for the classification, administration, regulation, financing, and maintenance of personal, environmental, and other health services and activities; to create or continue, and prescribe the powers and duties of, departments, boards, commissions, councils, committees, task forces, and other agencies; to prescribe the powers and duties of governmental entities and officials; to regulate occupations, facilities, and agencies affecting the public health; to regulate health maintenance organizations and certain third party administrators and insurers; to provide for the imposition of a regulatory fee; to promote the efficient and economical delivery of health care services, to provide for the appropriate utilization of health care facilities and services, and to provide for the closure of hospitals or consolidation of hospitals or services; to provide for the collection and use of data and information; to provide for the transfer of property; to provide certain immunity from liability; to regulate and prohibit the sale and offering for sale of drug paraphernalia under certain circumstances; to provide for the implementation of federal law; to provide for penalties and remedies; to provide for sanctions for violations of this act and local ordinances; to repeal certain acts and parts of acts; to repeal certain parts of this act; and to repeal certain parts of this act on specific dates," by amending sections 7401, 7402, 7403, 7404, 7410a and 20954 (MCL 333.7401, 333.7402, 333.7403, 333.7404, 333.7410a, and 333.20954), section 7401 as amended by 1998 PA 319, sections 7402 and 7404 as amended by 1994 PA 38, section 7403 as amended by 1996 PA 249, section 7410a as added by 1998 PA 261, and section 20954 as added by 1990 PA 179, and by adding section 7401c.
Pending the order that, under rule 3.202, the bill be laid over one day,
Senator Rogers moved that the rule be suspended.
The motion prevailed, a majority of the members serving voting therefor.
The question being on concurring in the substitute made to the bill by the House,
The substitute was concurred in, a majority of the members serving voting therefor, as follows:
Roll Call No. 673 Yeas--36
| Bullard | Gast | Leland | Schwarz |
| Byrum | Goschka | McCotter | Shugars |
| Cherry | Gougeon | McManus | Sikkema |
| DeBeaussaert | Hammerstrom | Miller | Smith, A. |
| DeGrow | Hart | Murphy | Smith, V. |
| Dingell | Hoffman | North | Steil |
| Dunaskiss | Jaye | Peters | Stille |
| Emerson | Johnson | Rogers | Van Regenmorter |
| Emmons | Koivisto | Schuette | Young |
Nays--0
Excused--2
Bennett Vaughn
Not Voting--0
In The Chair: Hoffman
Senator Rogers moved that the bill be given immediate effect.
The motion prevailed, 2/3 of the members serving voting therefor.
The Senate agreed to the title as amended.
The bill was referred to the Secretary for enrollment printing and presentation to the Governor.
Senate Bill No. 1186, entitled
A bill to amend 1927 PA 175, entitled "The code of criminal procedure," by amending section 13 of chapter XVII (MCL 777.13), as amended by 1999 PA 61.
The House of Representatives has substituted (H-2) the bill.
The House of Representatives has passed the bill as substituted (H-2), ordered that it be given immediate effect and amended the title to read as follows:
A bill to amend 1927 PA 175, entitled "An act to revise, consolidate, and codify the laws relating to criminal procedure and to define the jurisdiction, powers, and duties of courts, judges, and other officers of the court under the provisions of this act; to provide laws relative to the rights of persons accused of criminal offenses and ordinance violations; to provide for the arrest of persons charged with or suspected of criminal offenses and ordinance violations; to provide for bail of persons arrested for or accused of criminal offenses and ordinance violations; to provide for the examination of persons accused of criminal offenses; to regulate the procedure relative to grand juries, indictments, informations, and proceedings before trial; to provide for trials of persons complained of or indicted for criminal offenses and ordinance violations and to provide for the procedure in those trials; to provide for judgments and sentences of persons convicted of criminal offenses and ordinance violations; to establish a sentencing commission and to prescribe its powers and duties; to provide for procedure relating to new trials and appeals in criminal and ordinance violation cases; to provide a uniform system of probation throughout this state and the appointment of probation officers; to prescribe the powers, duties, and compensation of probation officers; to provide penalties for the violation of the duties of probation officers; to provide for procedure governing proceedings to prevent crime and proceedings for the discovery of crime; to provide for fees of officers, witnesses, and others in criminal and ordinance violation cases; to set forth miscellaneous provisions as to criminal procedure in certain cases; to provide penalties for the violation of certain provisions of this act; and to repeal all acts and parts of acts inconsistent with or contravening any of the provisions of this act," by amending section 13 of chapter XVII (MCL 777.13), as amended by 2000 PA 279.
Pending the order that, under rule 3.202, the bill be laid over one day,
Senator Rogers moved that the rule be suspended.
The motion prevailed, a majority of the members serving voting therefor.
The question being on concurring in the substitute made to the bill by the House,
The substitute was concurred in, a majority of the members serving voting therefor, as follows:
Roll Call No. 674 Yeas--36
| Bullard | Gast | Leland | Schwarz |
| Byrum | Goschka | McCotter | Shugars |
| Cherry | Gougeon | McManus | Sikkema |
| DeBeaussaert | Hammerstrom | Miller | Smith, A. |
| DeGrow | Hart | Murphy | Smith, V. |
| Dingell | Hoffman | North | Steil |
| Dunaskiss | Jaye | Peters | Stille |
| Emerson | Johnson | Rogers | Van Regenmorter |
| Emmons | Koivisto | Schuette | Young |
Nays--0
Excused--2
Bennett Vaughn
Not Voting--0
In The Chair: Hoffman
The question being on concurring in the committee recommendation to give the bill immediate effect,
The recommendation was concurred in, 2/3 of the members serving voting therefor.
The Senate agreed to the title as amended.
The bill was referred to the Secretary for enrollment printing and presentation to the Governor.
By unanimous consent the Senate proceeded to the order of
Resolutions
The question was placed on the adoption of the following resolution consent calendar:
Senate Resolution No. 215
Senate Resolution No. 216
The resolution consent calendar was adopted.
Senators Shugars, Schwarz, Steil, Gougeon, Sikkema, Bullard, Johnson, Dunaskiss, McManus, Stille, Van Regenmorter, Goschka and Leland offered the following resolution:
Senate Resolution No. 215.
A resolution to commemorate October 2000 as Sudden Infant Death Syndrome (SIDS) Awareness Month.
Whereas, Sudden Infant Death Syndrome (SIDS) is the leading cause of death among infants one month to one year of age; and
Whereas, Research has shown that sleep position and sleep environment contribute significantly to SIDS; and
Whereas, The risk of SIDS can be reduced by placing a healthy baby on his or her back in a crib with a tightly fitted sheet; and
Whereas, Michigan launched a risk reduction campaign, "Back to Sleep," that has resulted in a 43 percent overall decline in SIDS rates since 1994; and
Whereas, There has been no decrease in the SIDS rates in African-American infants born in Michigan. The Michigan SIDS Alliance, Michigan Department of Community Health, and city of Detroit Health Department have partnered to create and implement a new culturally competent campaign to reduce SIDS; now, therefore, be it
Resolved by the Senate, That October 2000 be proclaimed as Sudden Infant Death Syndrome (SIDS) Awareness Month to help spread the message about SIDS and such preventative campaigns as "Back to Sleep"; and be it further
Resolved, That a copy of this resolution be transmitted to the Michigan SIDS Alliance in recognition of their work on this important public health concern and their efforts to serve as a resource to families and caregivers about Sudden Infant Death Syndrome.
Senator McCotter offered the following resolution:
Senate Resolution No. 216.
A resolution honoring the memory of former Canadian Prime Minister Pierre Elliot Trudeau.
Whereas, Recognizing Michigan's long-standing and vital relationship with Canada, its government, and its people, we, the members of the Michigan Senate, on behalf of the people of the state of Michigan, send our heartfelt and sincere condolences to the people of Canada upon the passing of former Canadian Prime Minister Pierre Elliot Trudeau; and
Whereas, Despite the fact that Mr. Trudeau was raised in a wealthy family, he devoted his life to public service and the amelioration of the Canadian people. Mr. Trudeau entered the public arena as an activist concerned with public corruption. In order to express his ideas and promote reform, he established the magazine Cite´ Libre (Community of the Free) and helped to organize Le Rasemblement (The Gathering Together) in order to promote democracy in Quebec; and
Whereas, In 1963, Pierre Trudeau entered the national political stage by winning a seat in the House of Commons as a member of the Liberal Party. As a result of his tenacity and wit, Mr. Trudeau quickly rose within the ranks of Parliament. He was elected Prime Minister in 1968, and from the beginning and throughout his more than 15 years as the Prime Minister of Canada, Mr. Trudeau advanced the cause of Canadian unity. In 1969, in an effort to promote national unity, Parliament approved the Official Languages Act that required government services to be provided in both French and English in diverse areas of the country; and
Whereas, Furthermore, he left an indelible mark on Canada, its history, and the cause of democracy and individual freedom throughout the world. In 1970, Mr. Trudeau reduced the minimum voting age in Canada from 21 years of age to 18 years of age, giving thousands of young Canadians a voice in their government. Pierre Trudeau will also be long-remembered for his repatriation of the Canadian Constitution from the United Kingdom. In 1982, as a direct result of the efforts of Pierre Trudeau, Canada became a fully sovereign and independent nation. From that point forward, the Canadian people no longer needed to seek approval from the British Parliament. The new Canadian Constitution not only freed the Canadian government, but it, like the United States Bill of Rights, guaranteed individual freedom in the Charter of Rights and Freedoms to the Canadian people. Indeed, his life's work was dedicated to making Canada a just society; and
Whereas, While we are unable to recognize the many and great accomplishments of Pierre Elliot Trudeau or adequately express our sorrow and sincerest condolences to the Canadian people upon his passing, we, the people of the state of Michigan, do extend to our friends our thoughts, prayers, and warmest regards throughout this period of national mourning; now, therefore, it be
Resolved by the Senate, That we honor the memory of former Canadian Prime Minister Pierre Elliot Trudeau and express our heartfelt condolences to the people of Canada; and be it further
Resolved, That copies of this resolution be transmitted to the family of Pierre Elliot Trudeau, Prime Minister Jean Chretien, and the Canadian Parliament as evidence of our admiration for Prime Minister Trudeau and our friendship with the people of Canada.
House Concurrent Resolution No. 120.
A concurrent resolution prescribing the legislative schedule.
Resolved by the House of Representatives (the Senate concurring), That when the House of Representatives adjourns on Wednesday, October 4, 2000, it stand adjourned until Thursday, November 9, 2000, at 12:00 Noon; and be it further
Resolved, That when the Senate adjourns on Thursday, October 5, 2000, it stand adjourned until Thursday, November 9, 2000, at 12:00 Noon.
Pending the order that, under rule 3.204, the concurrent resolution was referred to the Committee on Government Operations,
Senator Rogers moved that the rule be suspended.
The motion prevailed, a majority of the members serving voting therefor.
The concurrent resolution was adopted.
By unanimous consent the Senate proceeded to the order of
Statements
Senator McCotter asked and was granted unanimous consent to make a statement and moved that the statement be printed in the Journal.
The motion prevailed.
Senator McCotter's statement is as follows:
I would just like to say that we did a lot of partisan bickering today. For people who might watch or people who might pay attention, there was an act of personal kindness that makes it all worth while, which most people don't see. My good friend from the 5th District, Senator Leland, out of nowhere gave me a wonderful book, The Beatles Anthology, hot off the press. I would just like to say that it's that type of thing that we do for each other that often gets missed and often gets overlooked in the heat of political debate. So as we head into the fall elections, let us not forget that we are people first, politicians second.
In keeping with that, and given the vote on the poet laureate bill, I would like to give Senators Jaye, Young, and Van Regenmorter the collected works of Percy Bysshe Shelley to read into November.
By unanimous consent the Senate returned to the order of
Introduction and Referral of Bills
Senator Hoffman introduced
Senate Bill No. 1417, entitled
A bill to amend 1961 PA 236, entitled "Revised judicature act of 1961," by amending sections 6013 and 6301 (MCL 600.6013 and 600.6301), section 6013 as amended by 1993 PA 78 and section 6301 as added by 1986 PA 178.
The bill was read a first and second time by title and referred to the Committee on Judiciary.
Senators Hammerstrom, Johnson, Gougeon and Goschka introduced
Senate Bill No. 1418, entitled
A bill to amend 1939 PA 280, entitled "The social welfare act," (MCL 400.1 to 400.119b) by adding section 109g.
The bill was read a first and second time by title and referred to the Committee on Families, Mental Health and Human Services.
Senators Johnson, Hammerstrom, Gougeon and Goschka introduced
Senate Bill No. 1419, entitled
A bill to amend 1939 PA 280, entitled "The social welfare act," (MCL 400.1 to 400.119b) by adding section 109f.
The bill was read a first and second time by title and referred to the Committee on Families, Mental Health and Human Services.
Senator Bennett introduced
Senate Bill No. 1420, entitled
A bill to amend 1949 PA 300, entitled "Michigan vehicle code," by amending sections 209, 217, and 224 (MCL 257.209, 257.217, and 257.224), section 217 as amended by 1998 PA 247 and section 224 as amended by 1995 PA 129.
The bill was read a first and second time by title and referred to the Committee on Transportation and Tourism.
Senators Johnson and Hammerstrom introduced
Senate Bill No. 1421, entitled
A bill to amend 1978 PA 368, entitled "Public health code," (MCL 333.1101 to 333.25211) by adding part 94B.
The bill was read a first and second time by title and referred to the Committee on Health Policy.
Senator Bullard introduced
Senate Bill No. 1422, entitled
A bill to amend 1980 PA 299, entitled "Occupational code," by amending sections 2411 and 2412 (MCL 339.2411 and 339.2412), section 2411 as amended by 1991 PA 166 and section 2412 as amended by 1980 PA 496.
The bill was read a first and second time by title and referred to the Committee on Human Resources, Labor, Senior Citizens and Veterans Affairs.
Senator Bullard introduced
Senate Bill No. 1423, entitled
A bill to amend 1976 PA 331, entitled "Michigan consumer protection act," by amending section 4 (MCL 445.904), as amended by 1993 PA 10.
The bill was read a first and second time by title and referred to the Committee on Human Resources, Labor, Senior Citizens and Veterans Affairs.
House Bill No. 5541, entitled
A bill to amend 1976 PA 295, entitled "State transportation preservation act of 1976," (MCL 474.51 to 474.70) by amending the title, as amended by 1984 PA 210, and by adding section 15a.
The House of Representatives has passed the bill and ordered that it be given immediate effect.
The bill was read a first and second time by title and referred to the Committee on Appropriations.
House Bill No. 5635, entitled
A bill to amend 1961 PA 236, entitled "Revised judicature act of 1961," by amending section 535 (MCL 600.535), as amended by 1990 PA 54, and by adding sections 549j and 550b.
The House of Representatives has passed the bill and ordered that it be given immediate effect.
The bill was read a first and second time by title and referred to the Committee on Judiciary.
House Bill No. 5639, entitled
A bill to amend 1919 PA 339, entitled "Dog law of 1919," by amending sections 6, 8, 9, and 14 (MCL 287.266, 287.268, 287.269, and 287.274), as amended by 1998 PA 390.
The House of Representatives has passed the bill and ordered that it be given immediate effect.
The bill was read a first and second time by title and referred to the Committee on Local, Urban and State Affairs.
House Bill No. 5843, entitled
A bill to amend 1965 PA 261, entitled "An act to authorize the creation and to prescribe the powers and duties of county and regional parks and recreation commissions; and to prescribe the powers and duties of county boards of supervisors with respect thereto," by amending the title and section 1 (MCL 46.351), section 1 as amended by 1990 PA 84.
The House of Representatives has passed the bill and ordered that it be given immediate effect.
The bill was read a first and second time by title and referred to the Committee on Local, Urban and State Affairs.
House Bill No. 5917, entitled
A bill to amend 1968 PA 330, entitled "Private security guard act of 1968," by amending the title and sections 1, 2, 3, 4, 6, 7, 8, 9, 10, 11, 14, 17, 18, 19, 22, 25, 29, 30, 31, 32, and 33 (MCL 338.1051, 338.1052, 338.1053, 338.1054, 338.1056, 338.1057, 338.1058, 338.1059, 338.1060, 338.1061, 338.1064, 338.1067, 338.1068, 338.1069, 338.1072, 338.1075, 338.1079, 338.1080, 338.1081, 338.1082, and 338.1083), sections 6, 10, 17, and 18 as amended by 1994 PA 326; and to repeal acts and parts of acts.
The House of Representatives has passed the bill.
The bill was read a first and second time by title and referred to the Committee on Economic Development, International Trade and Regulatory Affairs.
House Bill No. 5998, entitled
A bill to amend 1966 PA 331, entitled "Community college act of 1966," by amending sections 54, 57, 61, 62, and 63 (MCL 389.54, 389.57, 389.61, 389.62, and 389.63).
The House of Representatives has passed the bill and ordered that it be given immediate effect.
The bill was read a first and second time by title and referred to the Committee on Appropriations.
House Bill No. 6013, entitled
A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," (MCL 324.101 to 324.90106) by adding part 360.
The House of Representatives has passed the bill and ordered that it be given immediate effect.
The bill was read a first and second time by title and referred to the Committee on Natural Resources and Environmental Affairs.
House Bill No. 6052, entitled
A bill to amend 1931 PA 328, entitled "The Michigan penal code," (MCL 750.1 to 750.568) by adding section 411s.
The House of Representatives has passed the bill.
The bill was read a first and second time by title and referred to the Committee on Judiciary.
Committee Reports
The Committee on Finance reported
Senate Bill No. 1320, entitled
A bill to amend 1973 PA 186, entitled "Tax tribunal act," by amending section 35 (MCL 205.735), as amended by 1994 PA 254.
With the recommendation that the substitute (S-4) be adopted and that the bill then pass.
The committee further recommends that the bill be given immediate effect.
Joanne G. Emmons
Chairperson
To Report Out:
Yeas: Senators Emmons, Bullard, Hammerstrom, Peters and Dingell
Nays: None
The bill and the substitute recommended by the committee were referred to the Committee of the Whole.
The Committee on Finance reported
Senate Bill No. 1356, entitled
A bill to amend 1975 PA 228, entitled "Single business tax act," (MCL 208.1 to 208.145) by adding sections 39d and 39e.
With the recommendation that the bill pass.
Joanne G. Emmons
Chairperson
To Report Out:
Yeas: Senators Emmons, Bullard, Hammerstrom, Peters and Dingell
Nays: None
The bill was referred to the Committee of the Whole.
The Committee on Finance reported
Senate Bill No. 1357, entitled
A bill to create certain authorities; to authorize creation of certain funds; to authorize expenditures from certain funds; to finance the purchase of land and buildings; to allow for leasing of facilities; and to prescribe the powers and duties of certain state and local officials.
With the recommendation that the substitute (S-1) be adopted and that the bill then pass.
Joanne G. Emmons
Chairperson
To Report Out:
Yeas: Senators Emmons, Bullard and Hammerstrom
Nays: Senators Peters and Dingell
The bill and the substitute recommended by the committee were referred to the Committee of the Whole.
COMMITTEE ATTENDANCE REPORT
The Legislative Retirement Board of Trustees submits the following:
Meeting held on Thursday, September 28, 2000, at 3:00 p.m., House Committee Room, H65, Capitol Building
Present: Senators McManus (C), Emerson and Schwarz
COMMITTEE ATTENDANCE REPORT
The Subcommittee on Retirement submits the following:
Meeting held on Tuesday, October 3, 2000, at 2:00 p.m., Rooms 402 and 403, Capitol Building
Present: Senators Gougeon (C), McManus and DeBeaussaert
COMMITTEE ATTENDANCE REPORT
The Subcommittee on Joint Capital Outlay submits the following:
Meeting held on Wednesday, October 4, 2000, at 8:45 a.m., Senate Appropriations Room, Capitol Building
Present: Senators Gast (C), Schwarz, McManus, Gougeon, Johnson, Koivisto, Emerson and Young
Scheduled Meetings
Financial Services - Monday, November 13, 1:00 p.m., Room 100, Farnum Building (373-1758)
Senator Rogers moved that the Senate adjourn.
The motion prevailed, the time being 2:14 p.m.
Pursuant to House Concurrent Resolution No. 120, the Assistant President pro tempore, Senator Hoffman, declared the Senate adjourned until Thursday, November 9, at 12:00 noon.
CAROL MOREY VIVENTI
Secretary of the Senate.